Legal Question in Real Estate Law in California

Civil case- Judgment made. Awarded amount to plantiff is yet to be paid. Can plantiff file a lien on Defendants properties? Eventhough those properties are already established in a living trust designated & name to someone other then Defendent? Is a homestead declaration required?


Asked on 12/07/13, 10:46 am

3 Answers from Attorneys

Joel Selik www.SelikLaw.com

yes can file a lien. Owners can file homestead.

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Answered on 12/07/13, 10:52 am

A revocable trust is zero protection from judgment liens. Only trusts that are irrevocable and in favor of a beneficiary other than the trustor are protected from judgments against the trustor. And even then they may be invaded under fraudulent transfer laws if made after the date the original liability arose that became the judgment and the trustor does not have enough other assets to satisfy the judgment. A homestead declaration can be filed on ONE property if it qualifies as the judgment debtor's primary personal home.

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Answered on 12/07/13, 11:04 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I agree with Mr. McCormick. If you are representing yourself, take a look at:

http://www.courts.ca.gov/documents/ej001.pdf

This is the form for filing an Abstract of Judgment with the county recorder. Note that you'll need to file one in each county where the judgment debtor has real property.

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Answered on 12/07/13, 1:31 pm


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