Rourke

I

This appeal follows the trial court’s denial of an application for order of sale of a dwelling filed by plaintiffs and appellants, judgment creditors who sought to enforce judgments against defendant and appellant Nick Troy by having his residence sold. Concluding that appellants could not obtain a minimum bid under Code of Civil Procedure section 704.800, the trial court denied the application. Our interpretation of the statute does not lead to the same conclusion, and we disapprove of its reasoning on that point. As explained below, the application should have been denied because it was not timely under section 704.750, and we affirm the order on that alternate ground.

II., III.

IV.

Discussion

The Appeal

A., B.

C. The Term “All Liens and Encumbrances” Under Section 704.800 Does Not Include the Lien of the Judgment Creditor Requesting the Sale

The trial court did not fix the amount of the homestead or the fair market value of the dwelling because it concluded that section 704.800 was determinative; and it found that the section prohibits the sale of a dwelling unless a court can anticipate a bid that exceeds the amount of the homestead plus any additional liens…