§ 697.740.Transfer Or Encumbrance of Personal Property Subject to Lien
Title 9. Enforcement of Judgments · Division 2 · Chapter 2. Liens · Article 4. Execution Lien · Last amended 2001 · Last verified July 28, 2026
In one sentenceSection 697.740 keeps personal property not in a levying officer's custody subject to an execution lien after it's transferred or encumbered, unless the recipient falls into one of a long list of protected categories, including good-faith purchasers for value without knowledge of the lien, buyers or lessees in the ordinary course of business, and holders of purchase-money security interests.
Except as provided in Sections 9617 and 9622 of the Commercial Code and in Section 701.630, if personal property subject to an execution lien is not in the custody of a levying officer and the property is transferred or encumbered, the property remains subject to the lien after the transfer or encumbrance except where the transfer or encumbrance is made to one of the following persons:
(a)A person who acquires an interest in the property under the law of this state for reasonably equivalent value without knowledge of the lien. For purposes of this subdivision, value is given for a transfer or encumbrance if, in exchange for the transfer or encumbrance, property is transferred or an antecedent debt is secured or satisfied.
(b)A buyer in ordinary course of business (as defined in Section 1201 of the Commercial Code) who, under Section 9320 of the Commercial Code, would take free of a security interest created by the seller or encumbrancer.
(c)A lessee in ordinary course of business (as defined in paragraph (15) of subdivision (a) of Section 10103 of the Commercial Code) or a licensee in the ordinary course of business (as defined in subdivision (a) of Section 9321 of the Commercial Code) who, under Section 9321 of the Commercial Code, would take free of a security interest created by the lessor or the licensor.
(d)A holder in due course (as defined in Section 3302 of the Commercial Code) of a negotiable instrument within the meaning of Section 3104 of the Commercial Code.
(e)A holder to whom a negotiable document of title has been duly negotiated within the meaning of Section 7501 of the Commercial Code.
(f)A protected purchaser (as defined in Section 8303 of the Commercial Code) of a security or a person entitled to the benefits of Section 8502 or 8510 of the Commercial Code.
(g)A purchaser of chattel paper who gives new value and takes possession of the chattel paper in good faith and in the ordinary course of the purchaser's business or a purchaser of an instrument who gives value and takes possession of the instrument in good faith.
(h)A holder of a purchase money security interest (as defined in Section 9103 of the Commercial Code).
(i)A collecting bank holding a security interest in items being collected, accompanying documents and proceeds, pursuant to Section 4210 of the Commercial Code.
(j)A person who acquires any right or interest in letters of credit, advices of credit, or money.
(k)A person who acquires any right or interest in property subject to a certificate of title statute of another jurisdiction under the law of which indication of a security interest on the certificate of title is required as a condition of perfection of the security interest.
Plain-English Summary
Property subject to an execution lien that hasn't been taken into a levying officer's custody — because, for instance, it was levied on while still in the debtor's possession through some other method — follows a broader set of exceptions than property already in custody. The general rule is the same continuing-lien principle used throughout this chapter, but subdivisions (a) through (k) list eleven categories of recipients who take the property free of the lien anyway.
These categories track the protections Commercial Code Article 9 gives against conflicting security interests: a person who pays reasonably equivalent value without knowledge of the lien, buyers and lessees in the ordinary course of business, holders in due course of negotiable instruments, holders to whom negotiable documents of title were duly negotiated, protected purchasers of securities, good-faith purchasers of chattel paper or instruments who take possession and give value, purchase-money security interest holders, collecting banks, people who acquire interests in letters of credit or money, and people who acquire interests governed by another jurisdiction's certificate-of-title statute.
Because § 697.750 and § 697.920 both incorporate this list by reference, understanding it matters well beyond Article 4 itself — it's the standard protection list that other liens created through the enforcement process rely on too.
Frequently Asked Questions
Does the execution lien follow personal property that's transferred while not in the levying officer's custody?
Generally yes, unless the recipient falls into one of the protected categories in § 697.740.
What kinds of recipients take the property free of the execution lien?
Good-faith purchasers for value without knowledge of the lien, ordinary-course buyers and lessees, holders in due course, purchase-money security interest holders, and several other categories listed in subdivisions (a) through (k).
Why do these exceptions mirror the protections under Commercial Code Article 9?
Because they're designed to let ordinary commercial transactions proceed without being disrupted by an execution lien the transferee has no way of discovering.
Does this list matter outside of Article 4?
Yes. Sections 697.750 and 697.920 both cross-reference this same list of protected recipients for other liens created through the enforcement process.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as:execution lien exceptions californiabuyer in ordinary course execution lienprotected transferees execution lien