California Code of Civil Procedure 874.320 the California partition statute that explains the details of how a court will sell a property under the California Partition of Real Property Act. The statute states the following: (a) If the court orders a sale of property, the sale shall be an open-market sale unless the court finds that a … Read More
California Code of Civil Procedure 873.770 is the California partition statute that explains how the partition referee will distribute proceeds of sale when the purchaser is also a party entitled to some of the proceeds of sale, i.e., when credit bidding may be available. The statute provides that: Where the purchaser is a party or … Read More
California Code of Civil Procedure 873.630 is the California partition statute that authorizes the court to direct a sale through credit. The statute allows the court to prescribe the terms of the credit and the security instrument used. The statute provides that: The court may: (a) Direct a sale on credit for the property or … Read More
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