Under California's declared homestead statute (CCP §704.730), a homeowner's declared homestead exemption protects against forced sale by all of the following EXCEPT:
Correct Answer
D) The lender holding the purchase money deed of trust used to originally finance the property
Under CCP §704.730, the declared homestead exemption protects against involuntary liens such as unsecured judgment liens. However, it does not protect against voluntary liens the homeowner voluntarily placed on the property, including the purchase money deed of trust used to acquire the home. The lender retains the contractual and statutory right to foreclose regardless of any homestead declaration, because the homeowner voluntarily encumbered the property as a condition of obtaining financing.
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Carlos and Patricia are married and hold their California home as joint tenants. Carlos dies without a will. Under California law, what happens to Carlos's interest in the property?
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Jennifer, a married woman in California, inherits a beachfront property from her uncle. The inheritance deed names only Jennifer. She uses community funds to pay the property taxes and maintenance during the marriage. Which statement is correct regarding the classification of this property?