Little

Little v. Community Bank

Good Law
1991 Cal. App. LEXIS 1113·234 Cal. App. 3d 355·286 Cal. Rptr. 4·91 Daily Journal DAR 11838·91 Cal. Daily Op. Serv. 7772
Court of Appeal of CaliforniaSeptember 24, 1991B051552California2,161 words

Opinion

Opinion

Ashby, J.

Appellant Community Bank appeals from the judgment rendered in favor of respondent William Little upon the granting of respondent’s summary judgment motion. Appellant, an enforcing creditor, caused a home to be sold at a sheriff’s sale. Respondent bought the home and later discovered that prior to the sale, appellant had not disclosed all liens on the property. The trial court determined appellant was negligent and entered judgment in favor of respondent. We affirm.

Facts

A judgment was rendered against Patricia C. Watkins and her husband, James E. Watkins, in favor of appellant Community Bank. As a judgment creditor, appellant sought to enforce the judgment through a sheriff’s sale of Watkins’ residence. A homestead exemption and numerous liens were recorded against the property. In its motion for sale, appellant listed numerous liens and encumbrances, including the amount allowed for the Watkins’ homestead exemption. Appellant suggested the fair market value of the home was between $281,500 and $337,400. Appellant’s motion also stated that it had complied with Code of Civil Procedure section 704.760, i.e., that it had listed any liens and encumbrances. In support of…

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