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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Slipped through the cracks?? Posted by Ward-CA- on October 07, 2003 at 0:01 AM In Reply to: Lien Question posted by Vince on October 06, 2003 at 9:53 PM : Ward or anyone who could help me out there, : I would like to know if a Title co. could close and record on a refinance transaction if there's an outstanding judgement lien on a house that has not been pay off yet? : I placed the judgement lien on the homeowner on May 5, 2003 because the homeowner owes me money and I just found out today that the homeowner just recently refinance their home without paying off the lien. I thought the purpose of the judgement lien was for me to get paid off when the homeowners refinance or sale their home. Am I wrong or am I right? : Who is at fault for this transaction and who could I go after for screwing this up? The Title Co.? The Mortgage broker? or The Lender? : And do you know any really good real estate lawyers out there for this situation? : Thanks, : Vince ======================== Vince, I wonder if the title to the property was in the judgment debtor’s name? If not—if it was in the name of a trust, a limited partnership, an LLC, or a corporation then the judgment wouldn’t attach to the property’s title. Title to real property has to be in the name of the judgment debtor for the recorded judgment to attach to the title of the property. I also would double check to see if the judgment was recorded in the county recorder’s office and not just reposing in the case file at the court. If you are in a Southern California county we could check this out. Hope this helps. Follow Ups: Re: Slipped through the cracks?? Travis-CA 2:30 PM, 10/07/03 (5) Finding an older judgment Ward-CA- 6:32 PM, 10/08/03 (0) Re: Slipped through the cracks?? vince 3:43 PM, 10/07/03 (3) Re: Slipped through the cracks?? Rich Osbourne 8:21 PM, 11/07/03 (0) Re: Slipped through the cracks?? Mark 9:37 PM, 10/07/03 (1) Re: Slipped through the cracks?? Rich Osbourne 5:42 PM, 12/01/03 (0) Post a Followup: Name : E-Mail : Subject : Comments: : : Ward or anyone who could help me out there, : : I would like to know if a Title co. could close and record on a refinance transaction if there's an outstanding judgement lien on a house that has not been pay off yet? : : I placed the judgement lien on the homeowner on May 5, 2003 because the homeowner owes me money and I just found out today that the homeowner just recently refinance their home without paying off the lien. I thought the purpose of the judgement lien was for me to get paid off when the homeowners refinance or sale their home. Am I wrong or am I right? : : Who is at fault for this transaction and who could I go after for screwing this up? The Title Co.? The Mortgage broker? or The Lender? : : And do you know any really good real estate lawyers out there for this situation? : : Thanks, : : Vince : ======================== : Vince, : I wonder if the title to the property was in the judgment debtor’s name? If not—if it was in the name of a trust, a limited partnership, an LLC, or a corporation then the judgment wouldn’t attach to the property’s title. : Title to real property has to be in the name of the judgment debtor for the recorded judgment to attach to the title of the property. : I also would double check to see if the judgment was recorded in the county recorder’s office and not just reposing in the case file at the court. : If you are in a Southern California county we could check this out. : Hope this helps. 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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