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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Re: followup Posted by wheresmybailout on August 23, 2010 at 7:53 PM In Reply to: followup posted by Rob on August 23, 2010 at 2:38 PM CA is first in time, first in right. If you file a lien on the property first, then you are first. If you filed a lien on the 15th day (let's say, July 15), and the purchaser at auction filed on the 30th day (July 30) then you have a superior lien. That is why it is critical to file within the 15 day period. If the buyer had done this, his date of record would have been on the sale date (July 1). In CA, this gives the buyer priority because he would be deemed to be the first to file (July 1 instead of July 15). You really don't need to spend the money on an attorney. This is a title issue that will come out during the sale process. The title company will see your lien filed on July 15, and will note that it is before the effective title date of July 30. Thus, title will see the lien as filed before title passed. Lien one, buyer zero. Gotta make the 15 day date. Follow Ups: 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: : CA is first in time, first in right. If you file a lien on the property : first, then you are first. If you filed a lien on the 15th day (let's say, July : 15), and the purchaser at auction filed on the 30th day (July 30) : then you have a superior lien. That is why it is critical to file within : the 15 day period. If the buyer had done this, his date of record : would have been on the sale date (July 1). In CA, this gives the buyer : priority because he would be deemed to be the first to file (July 1 instead of : July 15). : You really don't need to spend the money on an attorney. This is a title issue : that will come out during the sale process. The title company will : see your lien filed on July 15, and will note that it is before : the effective title date of July 30. Thus, title will see the lien : as filed before title passed. : Lien one, buyer zero. Gotta make the 15 day date. [ 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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