The Third Appellate district reversed an order and remanded. The court held that a judgment creditor could not bypass the statutory procedure for foreclosing its judgment lien on a dwelling occupied as the principal residence of the former spouse of one of the judgment debtors, and thus subject to an automatic homestead exemption, by having the sale conducted by a receiver.
Charles Davis was an owner of the business D & M Cabinets. He married Victoria Wolfe-Davis in 1998. In 2001, Wolfe-Davis’s mother conveyed a fee interest in real property to them as husband and wife. From that time, Wolfe-Davis resided on the property.
