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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Re: How does the AJ affect the Trustee Deed Upon Sale Posted by Larry Van Valkenburgh on January 14, 2002 at 10:24 PM In Reply to: Re: Attaches to both like super glue. posted by Ward-CA- on January 14, 2002 at 9:26 PM : : 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 : =•=•=•=•=•=•=•=•=•=•=•= : Larry, by operation of law, an abstract of judgment (AJ) automatically attaches to the title of any real estate that’s in the name of the judgment debtor, from whenever the judgment creditor records his abstract of the judgment until the debtor cries uncle and pays it off. : An AJ acts to cloud not only the title to real property the judgment debtor currently owns, but any future property the debtor might come into title on also. Furthermore, the affected debtor cannot refinance nor sell any attached property without paying off the judgment. : I think most people would agree that a recorded AJ is probably the worst type of cloud you could ever have against you. It effectively shuts you down indefinitely (since a judgment is renewable innumerable times) from personally participating in the fabulous game of “real estate”. I was not very clear in my question. I can understand that the AJ would affect the person it was rendered against. What I would like to understand is, as a purchaser of a property at a trustee sale, do I need to be concerned about an AJ. In other words, will the AJ go with the property after the sale and be something that I as the new owner will have to deal with. That could be pretty nasty. I thought that one of the aspects of the Trustee Deed Upon Sale was that it was supposed to assure a marketable title? Follow Ups: 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: : : : 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 : : =•=•=•=•=•=•=•=•=•=•=•= : : Larry, by operation of law, an abstract of judgment (AJ) automatically attaches to the title of any real estate that’s in the name of the judgment debtor, from whenever the judgment creditor records his abstract of the judgment until the debtor cries uncle and pays it off. : : An AJ acts to cloud not only the title to real property the judgment debtor currently owns, but any future property the debtor might come into title on also. Furthermore, the affected debtor cannot refinance nor sell any attached property without paying off the judgment. : : I think most people would agree that a recorded AJ is probably the worst type of cloud you could ever have against you. It effectively shuts you down indefinitely (since a judgment is renewable innumerable times) from personally participating in the fabulous game of “real estate”. : I was not very clear in my question. I can understand that the AJ would affect the person it was rendered against. What I would like to understand is, as a purchaser of a property at a trustee sale, do I need to be concerned about an AJ. In other words, will the AJ go with the property after the sale and be something that I as the new owner will have to deal with. That could be pretty nasty. I thought that one of the aspects of the Trustee Deed Upon Sale was that it was supposed to assure a marketable title? 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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