Tarlesson

Broadway Foreclosure Investments, LLC v. Tarlesson

Good Law
109 Cal. Rptr. 3d 319·184 Cal. App. 4th 931·2010 Cal. App. LEXIS 686
Court of Appeal of CaliforniaMay 17, 2010A125445California2,537 words

Opinion

Opinion

Siggins, J.

Judgment creditor Broadway Foreclosure Investments, LLC (Broadway), sought to satisfy a judgment through the sale of judgment debtor Lamise Tarlesson’s home. The trial court permitted the sale subject to a $150,000 homestead exemption in Tarlesson’s favor. Broadway appeals and argues that (1) Tarlesson was not eligible for the homestead exemption, (2) Tarlesson was unjustly enriched when the court recognized her right to claim the exemption, and (3) if an exemption was allowable, it should have been limited to $50,000. We conclude that the trial court correctly determined that Tarlesson was eligible to claim the exemption because the home was her principal residence prior to attachment of Broadway’s judgment lien and continuously thereafter. We also conclude that the court properly set the amount of Tarlesson’s homestead exemption at $150,000. We therefore affirm.

FACTUAL AND PROCEDURAL BACKGROUND

In a prior appeal, we affirmed a judgment that set aside Broadway’s purchase of Tarlesson’s home at a foreclosure sale and quieted her title. The judgment allowed Tarlesson to remain in her home, but required her to reimburse Broadway over $400,000 for the purchase price it…

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