Robert Moody Son v. Century Savings Bank…
“ We therefore come to the provision in § 2976 that the homestead, even where validly mortgaged, may be sold 'only for a deficiency remaining after exhausting all other property' covered by the same mortgage. Whether only the mortgagors may claim the benefit of this provision, and they only while they retain the homestead, is the real point in dispute. Moody & Son insist that it merely confers on the mortgagors a personal privilege which they may exercise or waive, as they choose ”
