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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Re: You filed your AJ untimely ... Posted by Ellis on August 23, 2010 at 1:09 PM In Reply to: You filed your AJ untimely ... posted by Rick, the Probate Guy on August 22, 2010 at 2:56 PM I appreciate any real estate analogy that involves "dog poop" : 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 a Followup: Name : E-Mail : Subject : Comments: : I appreciate any real estate analogy that involves "dog poop" : : : 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

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