TEAMAN v. WILKINSON

Docket No. B105272.

59 Cal.App.4th 1259 (1997)

CHARLES TEAMAN et al., Plaintiffs, v. HERBERT WILKINSON et al., Defendants and Appellants; JONATHAN GOLDHILL et al., Third Party Claimants and Respondents.

Court of Appeals of California, Second District, Division One.

December 10, 1997.


Attorney(s) appearing for the Case

COUNSEL

Suppa, Highnote & Lee, Jerry Michael Suppa and Samy S. Henein for Defendants and Appellants.

Francis J. Cunningham III and M. Michele Lines for Third Party Claimants and Respondents.


OPINION

MASTERSON, J.

Once a declaration of homestead has been recorded by a homeowner, an abstract of judgment recorded by a creditor will not attach as a judgment lien unless there is surplus equity in the home — i.e., a market value that is greater than the total of the homestead exemption and all encumbrances senior to the lien. (Code Civ. Proc., § 704.950, subd. (c).)1 In this opinion...

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