Section 9851 Of Chapter 10. Acceptance Of Deed In Lieu Of Foreclosure Or Trustee’s Sale; Grant Of Partial Satisfaction Or Partial Reconveyance From California Probate Code >> Division 7. >> Part 5. >> Chapter 10.
9851
. (a) Except as provided in subdivision (c), if it is to the
advantage of the estate for the personal representative to give a
partial satisfaction of a mortgage or to cause a partial reconveyance
to be executed by a trustee under a trust deed held by the estate,
the personal representative may, after authorization by order of the
court and upon such terms and conditions as may be imposed by the
court, give the partial satisfaction or cause the partial
reconveyance to be executed by the trustee.
(b) To obtain an order under this section, the personal
representative or any interested person shall file a petition showing
the advantage to the estate of giving the partial satisfaction or
causing the partial reconveyance. Notice of the hearing on the
petition shall be given as provided in Section 1220.
(c) No authorization by the court is necessary for the personal
representative to give a partial satisfaction of a mortgage or to
cause a partial reconveyance to be executed by a trustee under a deed
of trust held by the estate if the partial satisfaction or partial
reconveyance is executed pursuant to the terms of the mortgage or
deed of trust held by the estate.