BILL NUMBER: AB 2317	ENROLLED
	BILL TEXT

	PASSED THE SENATE  JULY 3, 2014
	PASSED THE ASSEMBLY  MAY 15, 2014

INTRODUCED BY   Assembly Member Maienschein

                        FEBRUARY 21, 2014

   An act to amend Section 701.680 of the Code of Civil Procedure,
relating to enforcement of judgments.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2317, Maienschein. Execution: sale of property.
   Existing law provides that a sale of property pursuant to
specified statutory provisions regarding enforcement of judgments is
absolute and may not be set aside for any reason. The judgment debtor
may recover from the judgment creditor the proceeds of a sale
pursuant to the judgment with interest if the judgment is reversed,
vacated, or otherwise set aside. If the sale was improper because of
irregularities in the proceedings, because the property sold was not
subject to execution, or for any other reason, the judgment debtor,
or the judgment debtor's successor in interest, may commence an
action within 90 days after the date of sale to set aside the sale if
the purchaser at the sale is the judgment creditor.
   This bill would declare that these provisions do not affect,
limit, or eliminate a judgment debtor's equitable right of
redemption.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 701.680 of the Code of Civil Procedure is
amended to read:
   701.680.  (a) Except as provided in paragraph (1) of subdivision
(c), a sale of property pursuant to this article is absolute and
shall not be set aside for any reason.
   (b) If the judgment is reversed, vacated, or otherwise set aside,
the judgment debtor may recover from the judgment creditor the
proceeds of a sale pursuant to the judgment with interest at the rate
on money judgments to the extent the proceeds were applied to the
satisfaction of the judgment.
   (c) If the sale was improper because of irregularities in the
proceedings, because the property sold was not subject to execution,
or for any other reason:
   (1) The judgment debtor, or the judgment debtor's successor in
interest, may commence an action within 90 days after the date of
sale to set aside the sale if the purchaser at the sale is the
judgment creditor. Subject to paragraph (2), if the sale is set
aside, the judgment of the judgment creditor is revived to reflect
the amount that was satisfied from the proceeds of the sale and the
judgment creditor is entitled to interest on the amount of the
judgment as so revived as if the sale had not been made. Any liens
extinguished by the sale of the property are revived and reattach to
the property with the same priority and effect as if the sale had not
been made.
   (2) The judgment debtor, or the judgment debtor's successor in
interest, may recover damages caused by the impropriety. If damages
are recovered against the judgment creditor, they shall be offset
against the judgment to the extent the judgment is not satisfied. If
damages are recovered against the levying officer, they shall be
applied to the judgment to the extent the judgment is not satisfied.
   (d) For the purposes of subdivision (c), the purchaser of the
property at the sale is not a successor in interest.
   (e) This section does not affect, limit, or eliminate a judgment
debtor's equitable right of redemption.