InnoVest Resource Management's Foreclosure Forum

Home Discussion Board "Hands-On" Training Title Holding Trust Annual Reunion Speaking Schedule Store Foreclosure Fundamentals Code References 50 State Foreclosure Basics Foreclosure Glossary Foreclosure Statistics 70+ Yrs Interest Rates Fillable Forms Archived Articles Dingbat Retirement Plan Links Contact / Map About Us Home

[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] You filed your AJ untimely ... Posted by Rick, the Probate Guy on August 22, 2010 at 2:56 PM In Reply to: lein recovery posted by Rob on August 20, 2010 at 12:48 AM Don't know what state you're in, but in CA, you should have filed your 'abstract of judgment' prior to the sale date. 'Doctrine of relationback' applies, and as such, the timely recordation of your AJ or voluntary LIEN of owner's property (again, I'm assuming you got that part right). This means that, in order for your lien to attach to the property, it must record prior to the date of the sale. If junior to the foreclosing lender's lien, then you would still be WIPED OFF (not out!). Think of a lien as dog poop. Just because you wipe it off, doesn't mean your shoe is clean (meaning: the debt still exists but it's not separated from the asset for which it might have once been attached to). If, however, the trudstte's deed was not recorded timely (within 15 days), then you might have a chance. For what, I don't know. Make a play for any surplus funds? Follow Ups: Re: You filed your AJ untimely ... Ellis 1:09 PM, 08/23/10 (0) 15 days.. Rob 6:13 PM, 08/22/10 (5) No mystery here. Rick the Probate Guy 8:06 AM, 08/23/10 (4) followup Rob 2:38 PM, 08/23/10 (3) Re: followup wheresmybailout 7:53 PM, 08/23/10 (2) Re: followup Rick the Probate Guy 10:05 AM, 08/24/10 (0) Re: followup Rob 8:55 PM, 08/23/10 (0) Post a Followup: Name : E-Mail : Subject : Comments: : Don't know what state you're in, but in CA, you should have filed your 'abstract of judgment' prior to the sale date. 'Doctrine of relationback' applies, and as such, the timely recordation of your AJ or voluntary LIEN of owner's property (again, I'm assuming you got that part right). : This means that, in order for your lien to attach to the property, it must record prior to the date of the sale. If junior to the foreclosing lender's lien, then you would still be WIPED OFF (not out!). Think of a lien as dog poop. Just because you wipe it off, doesn't mean your shoe is clean (meaning: the debt still exists but it's not separated from the asset for which it might have once been attached to). : If, however, the trudstte's deed was not recorded timely (within 15 days), then you might have a chance. : For what, I don't know. Make a play for any surplus funds? [ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] WWWAdmin 2.0a © 1997 Matt Wright and DBasics Software Company, All Rights Reserved

Information provided by this website is for informational purposes only and is not a substitute for professional advice. Please consult your investment advisor and/or attorney before entering into any transaction. Read our privacy policy.

Copyright © 1997-date("Y"), InnoVest Resource Management
http://www.foreclosureforum.com

InnoVest Resource Management, 4569-A Mission Gorge Place, San Diego CA 92120-4112
(619) 283-5444, Fax (619) 283-5455