33-1105. Sale by judgment creditor of property
subject to homestead exemption
A judgment creditor other than a mortgagee or beneficiary under a trust deed may
elect to sell by judicial sale as specified in title 12 the property in which the
judgment debtor has a homestead under section 33-1101, subsection A, provided that the
judgment debtor's interest in the property shall exceed the sum of the judgment debtor's
homestead plus the amount of any consensual liens on the property having priority to the
judgment. A bid shall not be accepted by the officer in charge of a sale under this
section which does not exceed the amount of the judgment debtor's homestead plus the
amount of any consensual liens on the property having a priority to the judgment plus the
costs of the sale allowable under title 12. After receipt of a sufficient bid, the
officer shall sell the property. From the proceeds, the officer shall first pay the
amount of the homestead to the judgment debtor plus the amount of any consensual liens on
the property having a priority to the judgment and then pay the costs of the sale. The
remaining proceeds shall be applied in accordance with the provisions of section 12-1562,
subsection A. If the sale does not occur, either because of voluntary abandonment by the
judgment creditor or because no sufficient bid is made, the judgment creditor may not
charge any costs or attorney fees incurred in connection with the sale against the
judgment debtor by addition to the judgment or otherwise.
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