THE WRIT OF SALE

After the decree of sale, the next step is for the lender to obtain a Writ of Sale. A Writ of Sale is issued by the Clerk of the Court. It is directed to the levying officer of the County, which is usually the Sheriff. In Los Angeles, the Sheriff’s Department has a division which deals exclusively with foreclosures. The Writ of Sale must include the information listed in Code of Civil Procedure Section 712.020 and Code of Civil Procedure Section 716.010(b).

Along with the Writ of Sale, the lender must submit to the levying officer a certified copy of the judgment. It is prudent, prior to submitting this package to the levying officer, to call them, and to ask if they have any special requirements. Foreclosures are taken very seriously by most levying officers, and they often have a list of technical requirements with which the lender must comply.

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