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eBook details

• Title: Bratcher v. Buckner
• Author : California Court of Appeals
• Release Date : January 24, 2001
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

CERTIFIED FOR PUBLICATION In this action arising out of a judgment lien obtained by plaintiff and respondent F. M. Bratcher, doing business as Bratcher Construction Co. (Bratcher) against defendant and appellant Robert Buckner (Buckner), Bratcher obtained a writ of execution and levy against certain real property located in Dulzura, California, owned by Buckner (the Dulzura property). Bratcher thereafter sought an order from the court to sell the Dulzura property to satisfy its judgment against Buckner. Buckner opposed the sale, asserting that his homestead exemption, together with two deeds of trust on the property that are senior to Bratcher's judgment lien, exceeded the value of the property, and therefore the sale would not produce a bid sufficient to satisfy any part of Bratcher's judgment. Bratcher in turn argued that a subordination agreement that subordinated the two senior deeds of trust to a later Small Business Administration (SBA) loan also subordinated those deeds of trust to Bratcher's judgment lien, providing enough equity in the property to at least partially satisfy Bratcher's judgment lien. In November 1999, the court granted Bratcher's application for an order for sale of the Dulzura property, and this timely appeal follows.

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