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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Re: Abtract of Judgement and Trust Posted by Travis-CA on August 13, 2006 at 10:30 PM In Reply to: Abtract of Judgement and Trust posted by Brian Lund on August 13, 2006 at 3:52 PM : I have been told by various clerks at the recorders office, that if title to property is held as follows... : "Donny Debtor, As A Trustee of the Donny Debtor Trust" : ......and I record an AJ in the name of Donny Debtor, that it WILL attach to the property. : Forgive me for questioning the knowledge of the clerks, but I have found them to be "uninformed" more the once on such matters. Can anyone give me tell me if this is true based on actual experience? : Also, what if the deed is in the name of "Donny Debtor Trust", omitting the "Donny Debtor, As A Trustee of....."? : I know if you can show that a debtor has a beneficial interest in a trust you can unravel it (thanks Travis!). However, if the answer to these two questions is "yes", then that will be much easier that dealing with suponeas and court motions. : Thanks, : -Brian Sorry to rain on the Clerks parade. A judgment lien on real property attaches to all interests in real property in the county where the lien is created (whether present or future, vested or contingent, legal or equitable). The key is, who owns the beneficial interest in the trust? The trustee of a trust merely has bare naked title to the property and a judgment lien will not automatically attach, even if the trustee is the debtor! The judgment lien will attach if the debtor has an interest in the property, including a beneficial interest in the trust. The problem is, if you don’t execute on your lien, or impart constructive notice to future encumbrancers or purchasers of your lien the debtor can convey title avoiding your lien. The beneficial interest in a trust is not public record and can be changed in private. A judgment lien does not attach to the name of the trust, only to the interest the debtor holds. Judicial Revenue Service Follow Ups: Re: Abtract of Judgement and Trust Brian Lund 11:20 PM, 08/13/06 (6) Re: Abtract of Judgement and Trust BigMike 11:41 PM, 08/13/06 (5) Re: Abtract of Judgement and Trust Brian Lund 7:28 AM, 08/14/06 (4) I may have answered my own question.....! Brian Lund 4:43 PM, 08/15/06 (3) A few things to consider... BigMike 10:10 AM, 08/16/06 (2) Re: A few things to consider... Brian Lund 10:29 AM, 08/16/06 (1) Re: A few things to consider... Travis-CA 10:50 PM, 08/16/06 (0) Post a Followup: Name : E-Mail : Subject : Comments: : : I have been told by various clerks at the recorders office, that if title to property is held as follows... : : "Donny Debtor, As A Trustee of the Donny Debtor Trust" : : ......and I record an AJ in the name of Donny Debtor, that it WILL attach to the property. : : Forgive me for questioning the knowledge of the clerks, but I have found them to be "uninformed" more the once on such matters. Can anyone give me tell me if this is true based on actual experience? : : Also, what if the deed is in the name of "Donny Debtor Trust", omitting the "Donny Debtor, As A Trustee of....."? : : I know if you can show that a debtor has a beneficial interest in a trust you can unravel it (thanks Travis!). However, if the answer to these two questions is "yes", then that will be much easier that dealing with suponeas and court motions. : : Thanks, : : -Brian : : Sorry to rain on the Clerks parade. : A judgment lien on real property attaches to all interests in real property in the county where the lien is created (whether present or future, vested or contingent, legal or equitable). : The key is, who owns the beneficial interest in the trust? The trustee of a trust merely has bare naked title to the property and a judgment lien will not automatically attach, even if the trustee is the debtor! : The judgment lien will attach if the debtor has an interest in the property, including a beneficial interest in the trust. The problem is, if you don’t execute on your lien, or impart constructive notice to future encumbrancers or purchasers of your lien the debtor can convey title avoiding your lien. The beneficial interest in a trust is not public record and can be changed in private. : A judgment lien does not attach to the name of the trust, only to the interest the debtor holds. 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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