Legal Question in Real Estate Law in California

property lien, judgement lien on real estate

''RE: my mother currently holds a lien on my father's property for back owed child support, can she force a sale of his home?'' And if she brings action on the lien...how long does the process normally take? Will the courts foreclose the home, or will they give him a certain amount of time to sell himself? How does this process work? (A little history for this specific case: My father has done everything for me and has provided for me beyond belief throughout the years, while my mother is money hungry and has no sense of moral whatsoever! I am trying to help my dad, with useful information as to the events that will take place through this process and exactly how much power my mother has over forcing a sale. He is a good man, was pinned into a corner by my mother.) Please help...Thank you so much.


Asked on 5/01/09, 4:02 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: property lien, judgement lien on real estate

Unless he has some way of appealing or contesting the lien, it will have to be paid. Can she "force sale?" Yes, if she actually has a court judgment order and resulting lien, which she should have recorded, as it sounds like she did. A court ordered lien is just like a mortgage lien, that has to be paid upon transfer/sale/refinance etc. All she has to do is start foreclosure, and that will incur substantial additional costs she will recover as well. There is no 'time' other than that allowed once the foreclosure process starts, at least several months for him to sell or refinance to pay her off. If the lien is 'protected' by there being more than enough equity in the house to pay it in full upon sale, after paying off any other mortgages or liens with priority 'ahead' of this lien, then she could safely start foreclosure whenever she wants. I assume the lien is also earning interest, so the longer before pay off, the more it will cost him.

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Answered on 5/04/09, 6:41 pm


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