The judgment creditor's application shall be made under oath, shall describe the dwelling, and shall contain all of the following:
§ 704.760.Requirements of Application For Order of Sale
Title 9. Enforcement of Judgments · Division 2 · Chapter 4. Exemptions · Article 4. Homestead Exemption · Last amended 2021 · Last verified July 28, 2026
In one sentenceSection 704.760 requires the judgment creditor's application for an order of sale to be made under oath and describe the dwelling, the assessor's exemption records, whether it's a homestead and its exemption amount, all liens and lienholders, and whether the judgment stems from a consumer debt.
Full Text of § 704.760
(a) A statement whether or not the records of the county tax assessor indicate that there is a current homeowner's exemption or disabled veteran's exemption for the dwelling and the person or persons who claimed any such exemption.
(b) A statement, which may be based on information and belief, whether the dwelling is a homestead and the amount of the homestead exemption, if any, and a statement whether or not the records of the county recorder indicate that a homestead declaration under Article 5 (commencing with Section 704.910) that describes the dwelling has been recorded by the judgment debtor or the spouse of the judgment debtor.
(c) A statement of the amount of any liens or encumbrances on the dwelling, the name of each person having a lien or encumbrance on the dwelling, and the address of such person used by the county recorder for the return of the instrument creating such person's lien or encumbrance after recording.
(d) A statement that the judgment is based on a consumer debt, as defined in subdivision (a) of Section 699.730, or that the judgment is not based on a consumer debt, and if the judgment is based on a consumer debt, whether the judgment is based on a consumer debt that was secured by the debtor's principal place of residence at the time it was incurred or a statement indicating which of the exemptions listed in subdivision (b) of Section 699.730 are applicable. If the statement indicates that paragraph (7) of subdivision (b) is applicable, the statement shall also provide the dollar amount of the original judgment on which the lien is based. If there is more than one basis, the statement shall indicate all bases that are applicable.
Plain-English Summary
This section is the checklist for what a creditor's court application must cover before a home can be sold. It has to be sworn, describe the dwelling, and address several specific points. First, whether county tax assessor records show a current homeowner's or disabled veteran's property tax exemption for the dwelling, and who claimed it. Second, whether the dwelling is a homestead and what exemption amount applies — a statement that can rest on information and belief — plus whether county recorder records show a declared homestead under Article 5 has been recorded.
The application also has to list every lien or encumbrance on the property, each lienholder's name, and the address the recorder used to return that person's recorded instrument. Finally, it has to state whether the judgment arises from a consumer debt, and if so, which of several statutory categories under § 699.730 apply — including, where relevant, disclosing the original judgment amount when the debt was secured by the debtor's residence at the time incurred.
Together these disclosures let the court and the debtor see, before any hearing, exactly what the creditor believes about the home's exempt status and who else has a financial stake in it.
Frequently Asked Questions
Does the creditor's application have to be sworn?
Yes. Section 704.760 requires the application to be made under oath.
What must the application say about liens on the property?
It must state the amount of every lien or encumbrance, name each lienholder, and give the address the county recorder used to return the recorded instrument to that lienholder.
Does the application have to address consumer debt?
Yes. It must state whether the judgment is based on a consumer debt and, if so, identify which statutory categories under § 699.730 apply, including disclosing the original judgment amount in certain circumstances.
Must the application mention a declared homestead?
Yes. It must state whether county recorder records show that a homestead declaration under Article 5 describing the dwelling has been recorded.
Amendment History
Amended by Stats 2020 ch 218 (AB 2463),s 3, eff. 1/1/2021.
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
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