Legal Question in Real Estate Law in California

Lien

My parents own a home in California. My sister took out credit cards in my parents names without their knowledge. My parents have Dementia. Credit cards are now delinquent, credit card company is now filing a lawsuit. Would the credit card company be able to put a lien on their home?


Asked on 8/05/08, 7:48 pm

3 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Lien

Mr. Cohen's advice is excellent. A court judgment (or an abstract thereof), if obtained, can be recorded in any county where the judgment debtors may have property, and that creates a lien which can be foreclosed.

In addition to the advice given, I'd like to mention that California has some pretty strict laws (they are in the Welfare and Institutions Code) against financial abuse of elders, and if the conservator or guardian chose to do so, they could come down pretty hard on the sister.

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Answered on 8/06/08, 12:23 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Lien

You might want to have the superior court appoint a conservator for your parents to deal with their finances and, perhaps, their health needs. The conservator would defend the suit on their behalf.

If you don't want to go that far, the court could appoint a guardian ad litem for your parents to deal with the lawsuit. The guardian ad litem could cross-complain against your sister for the $$.

If there's a judgment against your parents, it would serve as a lien on their house.

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Answered on 8/05/08, 8:33 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Lien

Each county has a department that investigates senior abuse. You could contact the senior abuse department and report the conduct of your sister. They will investigate and determine if abuse is occurring and what action is required. Once this conduct is reported the investigation and ultimate result is beyond your control.

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Answered on 8/17/08, 2:32 pm


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