If the debt for which the mortgage, lien, or incumbrance is held is not all due, so soon as sufficient of the property has been sold to pay the amount due, with costs, the sale must cease; and afterwards, as often as more becomes due, for principal or interest, the Court may, on motion, order more to be sold. But if the property cannot be sold in portions, without injury to the parties, the whole may be ordered to be sold in the first instance, and the entire debt and costs paid, there being a rebate of interest where such rebate is proper.
§ 728.Sale of Property In Portions
Title 10. Actions In Particular Cases · Chapter 1. Actions for the Foreclosure of Mortgages · Enacted 1872 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 728 requires a foreclosure sale to stop once enough property has been sold to cover the amount currently due, allowing later partial sales as more installments come due, unless the property can't practically be divided, in which case the whole property may be sold and the entire debt paid with a rebate of interest.
Full Text of § 728
Plain-English Summary
Not every secured debt is entirely due at once. When only part of it is, § 728 requires the sale to stop as soon as enough of the property has been sold to satisfy what's presently owed, with costs. As more of the debt matures — more principal or interest coming due — the court can order additional portions sold on motion.
That piecemeal approach only works when the property can be divided without hurting the parties' interests. If it can't, the court can order the whole property sold at once and the entire debt and costs paid off immediately, giving the debtor a rebate of interest where that's appropriate given the early payoff.
Frequently Asked Questions
Does a foreclosure sale have to sell all the mortgaged property at once?
Not necessarily. Section 728 requires the sale to stop once enough property has been sold to cover the amount currently due, if the debt isn't all due yet.
What happens as more of the debt comes due over time?
The court may, on motion, order additional portions of the property sold as more principal or interest matures.
When is the whole property sold at once instead?
When the property can't be sold in portions without injury to the parties, in which case the whole property may be sold in the first instance and the entire debt paid, with a rebate of interest where appropriate.
Amendment History
Enacted 1872.
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: partial foreclosure sale californiasale of mortgaged property in portions