2016-00193967-CU-PO

Jacinto Nambo vs. Mary Bloomfield

Nature of Proceeding: Hearing Re: Issuance of Order to Show Cause for Sal of Dwelling

Filed By: Danielson, Anthony I.

Appearance required.

Pursuant to the Court’s Order Re: Application for Issuance of Order to Show Cause Why Order for Sale of Dwelling Should not be Made, judgment debtors Mary Bloomfield, Pulusila Bloomfiled, and Stella Bloomfield, their successor(s) in interest, and/or any other parties claiming an interest in the property are to appear on August 8, 2018, at 2:00 p.m. in Department 53 of this Court, located at 813 6th Street, Sacramento, California 95814, to show cause why the Court should not order the execution sale of all judgment debtors legal and equitable interest in the property.

At this hearing on the Order to Show Cause Re Sale of Dwelling, the Court will determine “whether the dwelling is exempt as a homestead, and if so, “to determine the amount of the exemption and the fair market value of the property.” (Fidelity National Title Ins. Co. v. Schroeder (2009) 179 Cal.App.4th 834, 844.) Because the records of the tax assessor of Sacramento County indicate that there is no current homeowner’s exemption or disabled veteran’s exemption for the dwelling, the debtor shall have the burden of proof to establish that the dwelling is a homestead and, if so, present any evidence at the hearing by which the Court can determine the amount of the homestead exemption. (CCP § 704.730; see e.g., Fidelity National Title Ins. Co., supra, at pp. 844-845.)

Creditor should be prepared to submit evidence of the fair market value of the property, as promised on page 4 of the application, as well as evidence of other outstanding liens.

Following the hearing, the Court will order the sale of the property, subject to any homestead exemption, unless the Court determines that the sale of the dwelling would not be likely to produce a bid sufficient to satisfy any of the amount due on the judgment pursuant to Section 704.800. (CCP § 704.780(b).)