Legal Question in Real Estate Law in California

My aunt owes me $7000. i went to small claims court. the judge found in my favor. i then put a lien on my aunts properties. she just sold one in leisure world - a retirement community. she told me this property cannot have a lien put on it. can this happen?


Asked on 8/26/09, 5:08 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

If you placed a lien on her property, then physically there is a lien on it whether or not it is correct. Off hand I do not know of any exceptions made for retirement homes. Insist that she tells you on what basis she makes that claim; she needs to cite to you a California statute. But you say that she has already sold the property which means your lien was not honored

and the purpose of teh lien is that before title is given to the buyers the lien is paid off. Why were you not paid. Contact the Title company that handled the tranaction[look up the property at the local lRecorder and ask them why the lien was not honored; if you can get no answer from them, call or write the buyers fo find out if they know what happened. Perhaps every month check zillow or similar sites.

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Answered on 8/26/09, 5:25 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

A judgment lien attaches to the real property of the judgment debtor upon the recording of an abstract of judgment in the county where the property is situated. Once it attaches, it remains attached to that property until the judgment is satisfied (paid), even if the property acquires a new owner, I think.

However, attachment of a lien and the creditor's ability to enforce it by writ of execution and levy are two different matters. For example, there may be a declaration of homestead recorded on the property that effectively blocks a judgment creditor's access to the equity in this property. It has to do with the priority of recorded claims, not the type of property (retirement home, although in order to claim the homestead, it must be her home).

I suggest going to the county recorder's office to see what's recorded against this property, including looking for a declaration of homestead. Then try to guesstimate how much equity she has in the property, perhaps using Zillow for a market value, then subtracting the amounts of any liens prior to yours.

Also make sure your abstract of judgment is properly recorded and in the same county where the aunt's property is or was.

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Answered on 8/26/09, 6:56 pm


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