Corpus browser

Code of Civil Procedure - CCP - CCP § 873.720

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 873.720

(a) A purchaser, the referee, or any party may move the court to confirm or set aside the sale. (b) The moving party shall give not less than 10 days’ notice of motion to: (1) The purchaser if the purchaser is not the moving party; and (2) All other parties who have appeared in t

Code of Civil Procedure - CCP - CCP § 873.730

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 873.730

(a) At the hearing, the court shall examine the report and witnesses in relation to the report. (b) The court may confirm the sale notwithstanding a variance from the prescribed terms of sale if to do so will be beneficial to the parties and will not result in substantial prejudi

Code of Civil Procedure - CCP - CCP § 873.740

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 873.740

(a) If at the hearing under Section 873.730 a responsible bidder makes a written increased offer that exceeds the sale price by at least 10 percent on the first ten thousand dollars ($10,000) and 5 percent on the amount in excess thereof, the court in its discretion may do either

Code of Civil Procedure - CCP - CCP § 873.745

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 873.745

The amount of agents’ commissions on the sale, if any, shall be fixed by the court and divided or limited in the manner provided for private sales of real property in decedents’ estates.

Code of Civil Procedure - CCP - CCP § 873.750

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 873.750

(a) Upon confirmation of a sale, the court shall order the referee to execute a conveyance or other instrument of transfer, to collect the proceeds, take security, and perform other acts required to consummate the sale. (b) The order may direct the referee concerning the distribu

Code of Civil Procedure - CCP - CCP § 873.760

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 873.760

If the purchaser, after the confirmation of the sale, fails to pay the sale price, the purchaser is subject to the court’s jurisdiction and to further proceedings in the action. Upon such failure, a party, or the referee, may upon notice move the court to order either of the foll

Code of Civil Procedure - CCP - CCP § 873.770

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 873.770

Where the purchaser is a party or lienholder entitled to a share of the proceeds of sale, the referee may: (a) Take the purchaser’s receipt for so much of the proceeds of sale as belongs to the purchaser. (b) Take security, or other arrangement satisfactory to the referee, for pa

Code of Civil Procedure - CCP - CCP § 873.780

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 873.780

The court may make orders relating to the closing of a sale after confirmation, including escrow and closing provisions and, if the referee and purchaser so agree and the court upon noticed motion determines it will not result in substantial prejudice to the parties, may make adj

Code of Civil Procedure - CCP - CCP § 873.790

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 873.790

(a) Upon fulfillment of the terms of sale, the referee shall execute a conveyance or other instrument of transfer to the purchaser. (b) The conveyance or transfer of real property and the order authorizing such conveyance or transfer shall be recorded in each county in which the

Code of Civil Procedure - CCP - CCP § 873.810

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 873.810

The court shall order the proceeds of sale and any security therefor to be paid, transferred, deposited in court, placed in trust, or invested in State of California or United States government obligations or interest-bearing accounts in an institution whose accounts are insured

Code of Civil Procedure - CCP - CCP § 873.820

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 873.820

The proceeds of sale for any property sold shall be applied in the following order: (a) Payment of the expenses of sale. (b) Payment of the other costs of partition in whole or in part or to secure any cost of partition later allowed. (c) Payment of any liens on the property in t

Code of Civil Procedure - CCP - CCP § 873.830

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 873.830

Where a part only of the property is sold, a tenant for life or years in an undivided share of the whole property may have his estate equitably set off in any part of the property not sold by way of complete or partial satisfaction of his share of the proceeds.

Code of Civil Procedure - CCP - CCP § 873.840

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 873.840

(a) The court shall ascertain the proportion of the proceeds of sale that will be a just and reasonable sum for the satisfaction of the estate of a tenant for life or years and shall order such amount distributed to him or held for his benefit. (b) The court shall ascertain the p

Code of Civil Procedure - CCP - CCP § 873.850

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 873.850

When the proceeds of the sale belonging to persons who are parties to the action, whether known or unknown, have not been allocated among such parties, the action may be continued as between such parties, for the determination of their respective claims thereto, which must be asc

Code of Civil Procedure - CCP - CCP § 873.910

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 873.910

When the interests of all parties are undisputed or have been adjudicated, the parties may agree upon a partition by appraisal pursuant to this chapter.

Code of Civil Procedure - CCP - CCP § 873.920

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 873.920

The agreement shall be in writing filed with the clerk of court and shall include: (a) A description of the property. (b) The names of the parties and their interests. (c) The names of the parties who are willing to acquire the interests. (d) The name or names of a person or pers

Code of Civil Procedure - CCP - CCP § 873.930

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 873.930

(a) Any party to the agreement may, upon noticed motion, apply to the court for approval of the agreement. (b) If the court determines that the agreement complies with Section 873.920 and that the terms and conditions are equitable, it shall approve the agreement and stay any pen

Code of Civil Procedure - CCP - CCP § 873.940

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 873.940

The court shall appoint one referee or, if provided in the agreement, three referees to appraise the property and the interests involved. The referee shall report the valuations and other findings to the court in writing filed with the clerk.

Code of Civil Procedure - CCP - CCP § 873.950

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 873.950

Any party to the agreement or the referee, upon 10 days’ notice to the referee if the referee is not the moving party and to the other parties to the agreement, may move the court to confirm, modify, or set aside the report.

Code of Civil Procedure - CCP - CCP § 873.960

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 873.960

At the hearing, the court shall examine the report and witnesses. If the court determines that the proceedings have been regularly conducted, that transfer of title to the interests may regularly be made, and that no facts appear which would make such transfer inequitable, it sha

Code of Civil Procedure - CCP - CCP § 873.970

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 873.970

The agreement binds the heirs, executors, administrators, successors, and assigns of the parties. In the event of default, the aggrieved parties may specifically enforce the agreement by further proceedings in the action or may pursue any other remedy they may have at law or in e

Code of Civil Procedure - CCP - CCP § 873.980

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 873.980

The provisions of this chapter are cumulative and if, for default or other cause, interests are not transferred and acquired pursuant to this chapter, the parties may pursue their other rights of partition, subject to Section 873.970.

Code of Civil Procedure - CCP - CCP § 874.010

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 874.010

The costs of partition include: (a) Reasonable attorney’s fees incurred or paid by a party for the common benefit. (b) The fee and expenses of the referee. (c) The compensation provided by contract for services of a surveyor or other person employed by the referee in the action.

Code of Civil Procedure - CCP - CCP § 874.020

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 874.020

The costs of partition include reasonable expenses, including attorney’s fees, necessarily incurred by a party for the common benefit in prosecuting or defending other actions or other proceedings for the protection, confirmation, or perfection of title, setting the boundaries, o

Code of Civil Procedure - CCP - CCP § 874.030

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 874.030

Where disbursements have been made by a party under the direction of the court, interest at the legal rate shall be allowed thereon from the time of making such disbursements.