Legal Question in Real Estate Law in California

What can I do? If an owner of a house sold it against an already filed and recorded abstract of judgment ?

Asked on 6/08/13, 4:23 pm

4 Answers from Attorneys

Joel Selik

If the abstract was recorded properly, you can pursue the property against the new owner.

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Answered on 6/08/13, 5:56 pm

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

I assume you are the judgment creditor or someone who holds the claim in due course. It remains a lien against the property. You now have a choice of going after the debtor or the liened property even though it has a new owner. Selling a property doesn't discharge the lien of the recorded abstract of judgment. Usually, a buyer will insist that the lien be paid from escrow or otherwise as a condition of the purchase, but not always. Also, the recording of the abstract is "notice to the world" of the lien it represents.

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Answered on 6/08/13, 6:02 pm
John Laurie Gertz and Laurie

If this is correct you would be in first position. Clearly someone in the title company made a mistake. You do have several options here. You ca sell the property or you might be able to notify the new mortgage holder and they may be able to get you paid off. If you want feel free to call my office if I am not in you can speak with my partner Howard Gertz 818 345 0123 if you are looking to retain an attorney to handle this matter

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Answered on 6/08/13, 7:23 pm
Anthony Roach Law Office of Anthony A. Roach

If it was properly recorded, it now has priority and you can have the sheriff sell the property at an execution sale. The new owner was on constructive notice of the lien if the abstract was properly recorded.

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Answered on 6/12/13, 7:04 pm

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