Section 9391 Of Article 3. Litigation Where No Claim Required From California Probate Code >> Division 7. >> Part 4. >> Chapter 8. >> Article 3.
9391
. Except as provided in Section 10361, the holder of a mortgage
or other lien on property in the decedent's estate, including, but
not limited to, a judgment lien, may commence an action to enforce
the lien against the property that is subject to the lien, without
first filing a claim as provided in this part, if in the complaint
the holder of the lien expressly waives all recourse against other
property in the estate. Section 366.2 of the Code of Civil Procedure
does not apply to an action under this section. The personal
representative shall have the authority to seek to enjoin any action
of the lienholder to enforce a lien against property that is subject
to the lien.