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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Re: Slipped through the cracks?? Posted by Travis-CA on October 07, 2003 at 2:30 PM In Reply to: Slipped through the cracks?? posted by Ward-CA- on October 07, 2003 at 0:01 AM : : 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. Ward, I know judgments are good for 10 years in Ca. and may be renewed every 10 years, is this based on the recording date, or the date that a judgment was awarded. If based on the recording date, do unrecorded judgments expire after a certain period of time? The reason I ask is that I have a judgment worth about $56K against a indvidual that lives in Utah, I have not obtained a sister state judgement, and have not tried to collect on this for aproximately 5 years now. Lastly are these judgments public record if not recorded? If so where shall I go to obtain a copy of the judgment ( I dont even have a copy of the judgment or know the individual's name anymore, this was written off as bad debt along time ago but maybe there is still hope to collect it. ) Thanks, Travis Follow Ups: 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. : : Ward, : I know judgments are good for 10 years in Ca. and may be renewed every 10 years, is this based on the recording date, or the date that a judgment was awarded. : If based on the recording date, do unrecorded judgments expire after a certain period of time? The reason I ask is that I have a judgment worth about $56K against a indvidual that lives in Utah, I have not obtained a sister state judgement, and have not tried to collect on this for aproximately 5 years now. : Lastly are these judgments public record if not recorded? If so where shall I go to obtain a copy of the judgment ( I dont even have a copy of the judgment or know the individual's name anymore, this was written off as bad debt along time ago but maybe there is still hope to collect it. ) : : Thanks, : Travis 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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