California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 9 — Enforcement of Judgments, Division 2 — Enforcement of Money Judgments, Chapter 4 — Exemptions, Article 5 — Declared Homesteads, Section 704.970

Whether or not a homestead declaration has been recorded:

(a) Nothing in this article affects the right of levy pursuant to a writ of execution.

(b) Any levy pursuant to a writ of execution on a dwelling (as defined in Section 704.710) and the sale pursuant thereto shall be made in compliance with Article 4 (commencing with Section 704.710) and the judgment debtor and the judgment creditor shall have all the rights and benefits provided by that article.

Notes

Requires any execution levy and resulting sale on a dwelling, whether or not a homestead declaration has been recorded, to comply with the referenced homestead-sale article and preserve the debtor's and creditor's rights under it. Recording a declaration does not itself affect the right to levy under a writ of execution.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 704.970 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-9/division-2/chapter-4/article-5/section-704-970

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