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 4 — Homestead Exemption, Section 704.850
(a) The levying officer shall distribute the proceeds of sale of a homestead in the following order:
(1) To the discharge of all liens and encumbrances, if any, on the property.
(2) To the judgment debtor in the amount of any applicable exemption of proceeds pursuant to Section 704.720.
(3) To the levying officer for the reimbursement of the levying officer’s costs for which an advance has not been made.
(4) To the judgment creditor to satisfy the following:
(A) First, costs and interest accruing after issuance of the writ pursuant to which the sale is conducted.
(B) Second, the amount due on the judgment with costs and interest, as entered on the writ.
(5) To the judgment debtor in the amount remaining.
(b) Sections 701.820 and 701.830 apply to distribution of proceeds under this section.
Notes
Requires the levying officer to distribute homestead-sale proceeds first to liens and encumbrances, then the debtor’s applicable proceeds exemption, then unreimbursed officer costs, then the creditor’s post-writ costs and interest followed by the judgment amount, and finally any remainder to the debtor. The referenced distribution provisions also apply.
Use as reference
Lexinter.net | California Code, Code of Civil Procedure - CCP § 704.850 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-9/division-2/chapter-4/article-4/section-704-850