Legal Question in Real Estate Law in California

Abstract Judgment Problems

We acquired our home by filing an Adverse Possession claim. After several depositions, the defendant agreed to sign-over the deed (we would owe the defendant $70,000). We asked our attorney to make sure the title was clear and we were informed it was (only mortgage company on record). Two days after signing our lawyer informs us that he was wrong and the home has liens. We were stuck and could not refinance the home or pay the defendant. The defendant pretty much went out of the country after finding out the $70,000 would not be so easy to get. Here comes our problem- The lien holder had filed an abstract judgment (by default, defendant was a no show and could not get served) for $83,000. Our attorney first stated to wait out and see if any liens renew at the time they were found in 2005. Today, we receive a call stating the attorney which manages the lien is making ''noise''. So far we have not been served with anything and/or forced to do anything. My attorney stated we should sell. He also stated in 2005 the attorney was willing to probably settle for $40,000 or less when he had spoken to him. Today, he stated we owe the $80,000. What options or recourse do we have? We can't afford to sell or move. Lien exp. in June


Asked on 3/14/08, 4:17 am

1 Answer from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Abstract Judgment Problems

Don't know. Too many specifics unknown. But, your attorney doesn't have a great track record and I'd suggest you use another. Going back to an empty well is not a good way to quench your thirst. In the final analysis you'll want to consider cleaning up title. The title you describe is not marketable.

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Answered on 3/14/08, 9:42 am


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