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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Re: Are not judgements against the person not the property? Posted by Larry Van Valkenburgh on January 14, 2002 at 3:02 PM In Reply to: Re: Another version of posted by Ward-CA- on January 11, 2002 at 6:33 AM : : Ward- : : I have another question. The facts are: : : 7/96 --- Grant deed from Wells fargo to H&W : : 11/97--- Quitclaim deed from H&W to "H" only : : 6/01---- Quitclaim deed from "H" to "W" only : : 9/01---- Abstract of Judgment recorded against "H" : : The question is: did the AJ attach to the property? No money changed hands on any of the Quitclaim deeds. "H" and "W" are husband and wife. I have an opportunity to buy the property. The deal is good without the last lien, bad with it. It looks like "H" knew the AJ was coming and this was an intent to avoid the lien. What do you think? : : Thanks for the insight : : Andy : =•=•=•=•=•=•=•=•=•=•=•= : Andy, you’ve figured this out right. And you’re probably right about the reason “H” deeded the property to “W” in June of 2001, seeing that AJ being recorded only three months later against “H”. : Make sure you make your purchase a traditional one, with all the trappings of an escrow and title insurance, and you shouldn’t have any trouble from “H’s” creditors thereafter. I was under the impression that most judgements were against the individual and that they were not connected with the property and hence had no capacity to cloud the title. Am I wrong? Thanks, LarryVV Follow Ups: Re: Attaches to both like super glue. Ward-CA- 9:26 PM, 01/14/02 (2) Re: How does the AJ affect the Trustee Deed Upon Sale Larry Van Valkenburgh 10:24 PM, 01/14/02 (1) Re: Priority of the AJ dictates its fate. Ward-CA- 7:53 AM, 01/15/02 (0) Post a Followup: Name : E-Mail : Subject : Comments: : : : Ward- : : : I have another question. The facts are: : : : 7/96 --- Grant deed from Wells fargo to H&W : : : 11/97--- Quitclaim deed from H&W to "H" only : : : 6/01---- Quitclaim deed from "H" to "W" only : : : 9/01---- Abstract of Judgment recorded against "H" : : : The question is: did the AJ attach to the property? No money changed hands on any of the Quitclaim deeds. "H" and "W" are husband and wife. I have an opportunity to buy the property. The deal is good without the last lien, bad with it. It looks like "H" knew the AJ was coming and this was an intent to avoid the lien. What do you think? : : : Thanks for the insight : : : Andy : : =•=•=•=•=•=•=•=•=•=•=•= : : Andy, you’ve figured this out right. And you’re probably right about the reason “H” deeded the property to “W” in June of 2001, seeing that AJ being recorded only three months later against “H”. : : Make sure you make your purchase a traditional one, with all the trappings of an escrow and title insurance, and you shouldn’t have any trouble from “H’s” creditors thereafter. : I was under the impression that most judgements were against the individual and that they were not connected with the property and hence had no capacity to cloud the title. Am I wrong? : Thanks, LarryVV Optional Link URL: Link Title: Optional Image URL: [ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] WWWAdmin 2.0a © 1997 Matt Wright and DBasics Software Company, All Rights Reserved

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