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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Researching judgments Posted by Ward-CA- on April 28, 2002 at 1:28 PM In Reply to: research of judgements posted by Dave on April 28, 2002 at 1:26 AM : Hi Ward, : This is a great site. Suppose I was researching a property that was purchased in 1995 and the deed was based on full value. In 2000, it was it was refinanced and the original deed of trust was reconveyed thus making the second into the first. The owner has a very common name, so there are very many judgements (such as child support, county medical liens, and other judgements from the different courts) between the years 1995 and 2000 that could be senior to the deed of trust that is getting foreclosed. How would you research this one? Can you trust that a title company made sure there were no judgements when the owner obtained the deed of trust in 2000? Would you check all of the judgements in this period? Are there certain ones that you would automatically know would have no effect on the purchaser at the trustee sale? Are child support judgements treated the same as other judgements? I would appreciate any advice you could give me. Thanks. =•=•=•=•=•=•=•=•=•=•=•= Dave, First of all, to give the full value designation on a deed any credence you need to determine if it was prepared by someone who knew what they were doing, and that special person is an escrow officer. So I suggest that you look for an escrow number around the periphery of the document as evidence that the document was prepared via escrow. At the same time, look for evidence that title insurance was involved by looking for a title order number somewhere around the periphery of either the deed or the following trust deed. A judgment in California is good for 10 years. It can be extended in its ninth year for another 10 year period by filing a standard request with the issuing court. However, very few judgments are ever renewed. So you can figure that a judgment that was entered into the court record in 1990 has either been paid or has expired by now. If it was paid off you should see a later recorded Satisfaction of Judgment attesting to that fact. When I’m researching someone with a common name I will try to incorporate their spouse in my search, especially if he/she has a rather uncommon first name. For example, if I’m checking out a deal with the name of Susan Adams, who is married to Ebenezer Adams, I will follow Ebenezer through the record rather than Susan. You can only assume that a title company was involved in insuring a transaction if you find a title order number around the periphery of the document, or if you see that the document was recorded at precisely 8:00 AM. Only a title company can gain such early access to the recording procedure to be able to record at that time. So if you can verify that the transaction was insured by a title company, then yes, I would feel safe in assuming that an earlier recorded judgment was no longer an issue. Any and all judgments that are recorded later that the deed of trust in foreclosure will be wiped off the title of the subject property by the foreclosure sale. There are no judgments that have any kind of superior priority. All get their priority according to when they were recorded in the public record. Follow Ups: Post a Followup: Name : E-Mail : Subject : Comments: : : Hi Ward, : : This is a great site. Suppose I was researching a property that was purchased in 1995 and the deed was based on full value. In 2000, it was it was refinanced and the original deed of trust was reconveyed thus making the second into the first. The owner has a very common name, so there are very many judgements (such as child support, county medical liens, and other judgements from the different courts) between the years 1995 and 2000 that could be senior to the deed of trust that is getting foreclosed. How would you research this one? Can you trust that a title company made sure there were no judgements when the owner obtained the deed of trust in 2000? Would you check all of the judgements in this period? Are there certain ones that you would automatically know would have no effect on the purchaser at the trustee sale? Are child support judgements treated the same as other judgements? I would appreciate any advice you could give me. Thanks. : =•=•=•=•=•=•=•=•=•=•=•= : Dave, : First of all, to give the full value designation on a deed any credence you need to determine if it was prepared by someone who knew what they were doing, and that special person is an escrow officer. So I suggest that you look for an escrow number around the periphery of the document as evidence that the document was prepared via escrow. : At the same time, look for evidence that title insurance was involved by looking for a title order number somewhere around the periphery of either the deed or the following trust deed. : A judgment in California is good for 10 years. It can be extended in its ninth year for another 10 year period by filing a standard request with the issuing court. However, very few judgments are ever renewed. So you can figure that a judgment that was entered into the court record in 1990 has either been paid or has expired by now. If it was paid off you should see a later recorded Satisfaction of Judgment attesting to that fact. : When I’m researching someone with a common name I will try to incorporate their spouse in my search, especially if he/she has a rather uncommon first name. For example, if I’m checking out a deal with the name of Susan Adams, who is married to Ebenezer Adams, I will follow Ebenezer through the record rather than Susan. : You can only assume that a title company was involved in insuring a transaction if you find a title order number around the periphery of the document, or if you see that the document was recorded at precisely 8:00 AM. Only a title company can gain such early access to the recording procedure to be able to record at that time. : So if you can verify that the transaction was insured by a title company, then yes, I would feel safe in assuming that an earlier recorded judgment was no longer an issue. : Any and all judgments that are recorded later that the deed of trust in foreclosure will be wiped off the title of the subject property by the foreclosure sale. There are no judgments that have any kind of superior priority. All get their priority according to when they were recorded in the public record. 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