Notice of sale of an interest in real property, other than a leasehold estate with an unexpired term of less than two years at the time of levy, may not be given pursuant to Section 701.540 until the expiration of 120 days after the date notice of levy on the interest in real property was served on the judgment debtor.
§ 701.545.Time For Giving Notice of Sale of Interest In Real Property
Title 9. Enforcement of Judgments · Division 2 · Chapter 3. Execution · Article 6. Sale and Collection · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 701.545 bars notice of sale of a real property interest, other than a leasehold with less than two years left at the time of levy, from being given until 120 days after the debtor was served with notice of the levy.
Full Text of § 701.545
Plain-English Summary
Real property sales get a substantial cooling-off period before the sale notice can even go out. Section 701.545 requires waiting 120 days after the debtor was served with notice of the levy under § 700.015 before giving notice of sale under § 701.540.
The one exception covers short leaseholds: an interest in real property that is a leasehold estate with less than two years left on its term at the time of levy isn't subject to this waiting period, presumably because waiting 120 days could eat up most or all of the remaining value in a short-term lease.
Frequently Asked Questions
How long must a judgment creditor wait before giving notice of a real property sale?
120 days after the notice of levy on the interest was served on the judgment debtor.
Does this waiting period apply to every real property interest?
No, it doesn't apply to a leasehold estate with less than two years left on its term at the time of levy.
What notice does this 120-day period run from?
The date the notice of levy on the interest in real property was served on the judgment debtor.
Amendment History
Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.
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: 120 day waiting period real property sale california