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Homestead even when Debtor conveys title
Tarlesson v. Broadway Foreclosure, 2010 DJDAR 7189 (5/18/2010).
Judgment lien attached to residence. JD continues to live in the
residence, but conveys property to a third party (to obtain refinancing. JC obtains
order for sale subject to payment of H/S. Creditor appeals, asserting not
a homestead because debtor was not on title for 9 months. Affirmed.
"We will not also read a requirement into sections 703.020 or 704.710 that
[JD] must have held continuous title to her home to claim the homestead
exemption."
Law Office of Eric Alan Mitnick
21515 Hawthorne Boulevard, Suite 1080
Torrance, CA 90503
(310) 792-5864; 792-5866 (fax)
MitnickLaw@aol.com
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Tarlesson v. Broadway Foreclosure, 2010 DJDAR 7189
(5/18/2010).
Judgment lien attached to residence. JD continues to live in theresidence, but conveys property to a third party (to obtain refinancing. JCobtains order for sale subject to payment of H/S. Creditor appeals,
asserting not a homestead because debtor was not on title for 9
months. Affirmed.
"We will not also read a requirement into sections703.020 or 704.710 that [JD] must have held continuous title to her
home to claim the homestead exemption."
Law Office
of Eric Alan Mitnick21515 Hawthorne Boulevard, Suite 1080Torrance,
CA 90503(310) 792-5864; 792-5866
(fax)MitnickLaw@aol.comAlthough this email and any attachments
are believed to be free of any virus or other defect that might affect anycomputer system into which it is received and opened, it is the responsibility
of the recipient to ensure that it is virus free and no responsibility is
accepted by the sender for any loss or damage arising in any way from its
use. The information contained in this email message and any
attached files may be privileged, confidential and protected from disclosure. If
you are not the intended recipient, any dissemination, distribution or copying
is strictly prohibited. If you think that you have received this email message
in error, please notify the sender by reply email, and delete the email message
you received and all of the attached
files.
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