Spencer

J.—Plaintiff appeals from the grant of defendants’ claim of statutory homestead exemption under Code of Civil Procedure section 704.720, subdivision (b). Plaintiff contends defendants are not entitled to the statutory homestead exemption because the sale of defendants’ home under a power of sale in a deed of trust was not in execution of a money judgment, as required under section 704.720, subdivision (b). We agree and reverse.

Plaintiff Norma Spencer is the executrix of the estate of Anthony Kryla. An action was filed during Kryla’s lifetime against the defendants Donald and Sharon Lowery for, inter alia, constructive trust of Kryla’s real property. After Kryla’s death, the action was pursued to judgment by plaintiff, who then commenced enforcement of the judgment. On November 16, 1990, defendants’ home was sold by the California Reconveyance Company, as trustee, when defendants defaulted in the payment of a note secured by a deed of trust. Defendants claimed exemption for the $7,000 in proceeds in surplus of the note. The court allowed the exemption.

Plaintiff asserts that because the foreclosure sale of defendants’ home was not in execution of a money judgment,…