Hochstein

Joy Lynn J. Hochstein Romero (Romero) appeals from the judgment denying her application, made pursuant to Code of Civil Procedure section 704.750 et seq., for an order for sale of certain residential real property (the property) owned by third party claimants and respondents Mark and Mickie Evans. Because there is substantial evidence that the Evanses purchased the property as bona fide purchasers for value, without actual or constructive notice of a purported judgment lien against the owner-seller of the property, Portia Hochstein, we conclude the trial court correctly denied Romero’s application.

I. Factual and Procedural Background

Romero and Stuart Hochstein were divorced in 1983. As part of the divorce judgment, Stuart received title to the property. The divorce judgment further required Stuart to pay Romero certain amounts which were nonterminable upon death.

In October of 1986 Stuart married Portia and deeded the property to himself and Portia in joint tenancy. Stuart died in November of 1986, vesting title to the property in Portia pursuant to the right of survivorship attendant to a joint tenancy deed.

At the time of Stuart’s death he was allegedly in arrears…