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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Re: Slipped through the cracks?? Posted by vince on October 07, 2003 at 3:43 PM In Reply to: Re: Slipped through the cracks?? posted by Travis-CA on October 07, 2003 at 2:30 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. : : 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 ------------------------------------------------ Ward, According to county records, the true owner's name is on record. If it is a trust, I thought a title holding trust main purpose is suppose to hide the true owner's name from the public. In this case, the true owner's name is on record and is expose to the public. So, can I assume this is not a title holding trust? In addition, I have check county records and the abstract judgement that I have filed is correctly recorded with the County of Sacramento. If this is not a trust and my judgement lien is correctly recorded with the county, who is truly responsible for this screw up? I am assuming its the title co. fault for not doing their research. Am I right or am I wrong? Thanks again for your help, Vince Follow Ups: 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 : ------------------------------------------------ : Ward, : According to county records, the true owner's name is on record. : If it is a trust, I thought a title holding trust main purpose : is suppose to hide the true owner's name from the public. In this : case, the true owner's name is on record and is expose to the public. : So, can I assume this is not a title holding trust? : In addition, I have check county records and the abstract judgement : that I have filed is correctly recorded with the County of Sacramento. : If this is not a trust and my judgement lien is correctly recorded with : the county, who is truly responsible for this screw up? : I am assuming its the title co. fault for not doing their research. : Am I right or am I wrong? : Thanks again for your help, : Vince 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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