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Judgment Liens on Real Property in California

Judgment Lien on Real Property in California

What is a Judgment Lien in California?

A judgment lien on real property is a legal form or document in money created by registering an abstract of money judgement with the county registrar in a business office. Anything like jewels, arts, antiques and other valuables can apply to real property or to personal property of the debtor.

How to Create a Judgment Lien?

The lien judgment is regulated by the rule of law in California. When the title search discloses a judgment lien, that implies that in the district of the debtor (the owner of home), the judgment creditor has registered a Judgment Abstract.

How to Obtain a Judgment Lien in California?

To get the debtor’s judgment on California’s property, a creditor must mail or take the Abstract of Judgement to the county registrar’s office of any of California’s counties, in which the debtor is known to have a property currently owned, or plans in future.

An abstract of judgement is a written overview of a judgement, which indicates the cash that the losing party pays the individual who won the action, the interest rate to be paid on the sum of the judgement, the cost of the court and any special orders which it has to follow.

Whether the lien is to be attached to something like a personal property, a creditor must file with the California Secretary of State the Abstract of Judgment notice. The lender may also notify the debtor of an examination.

What is The Duration of a Judgment Lien in California

A property lien in California can remain in the possession of property or personal property for up to 10 years, even when the property is not the property of the debtor. In addition, before it expires, a creditor should renew the lien. When the lien expires, it is no longer compulsory and the lender can not get the cash. It can not be renewed for 5 years after the lien has been renewed. However, make sure the lien is renewed in California every 10 years before the estate decision ends.

Moreover, a creditor must remember that when it comes to the capacity to collect under judgment lien, there are several variables that are taken into account. This involves a fixed amount that the creditor can not touch if the attached property is the debtor’s primary residence, other replaceable liabilities, and bankruptcy or foreclosure proceedings.

How is a Judgment Lien Satisfied in California?

If the Judgment is still in effect, there is usually only one way to release the lien of decision, and that is through Judgment Satisfaction. The lender of the judgment must record a Judgment Satisfaction or alternative type of lien discharge.

In California, there is no statutory right to introduce a motion to terminate the Judgment Abstract.

 

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