California  |  Appeals and Writs

Legal Question

Asked on: 6/13/13, 9:44 am

I served rent levies to collect a past due judgment. Defendant served me with an ex parte Motion to Quash or Stay of Notice of Levy under writ of execution. He claims that the rental income from these properties are used to pay the mortgage payments.

Per the terms of the deed of trust, the secured mortgage holders are assigned the payments of rent. Without the rental income being applied to the mortgage payment, the properties will go into default and ultimately be lost to foreclosure. This would affect not only the mortgage holders but also the tenants.

Could he get away with this motion?

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