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How to claim homestead exemption payment from foreclosure sale buyer after writ of possession executed

El Sobrante, CA |
Filed under: Foreclosure

new owner did not disclose knowledge of existing homestead declaration filed unlawful detainer & writ of possession

Attorney Answers 3


Your question is unclear. An exemption is not available against a VOLUNTARY lien holder (i.e, a mortgage lender). A homestead has nothing to do with an unlawful detainer lawsuit (eviction).

Could you provide more facts please?
Who foreclosed - a lender or a JUDGMENT creditor?
Foreclosure sale price
Mortgage balance
Sale costs

If you need further clarity, please email me at MICHAEL@MIRELAND.US Answers to questions are for general information purposes only and do not establish an attorney-client relationship. This is not legal advice, simply information. You SHOULD NOT act on this information without consulting a competent bankruptcy attorney in your area and providing ALL relevant information.

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When a mortgage is foreclosed upon and the house is sold, you do NOT receive a homestead exemption. Sorry.

Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.

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If I am understanding your question, it appears that your home was foreclosed upon and the new owner has executed upon their eviction order against you. If this is so, then unfortunately there is no homestead exemption available for you to claim under these circumstances. Even if you had filed a homestead exemption while you owned the property, if your home repossessed and sold then all you would be entitled is any excess sale money over and above what was owed to the lender including their cost and fees.

Remember that on this forum attorneys try to answer your questions with limited facts available to them. My answer should in no way be considered legal advice. No attorney client relationship has been formed by any answer given here.

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