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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Re: Status of senior money judgment Posted by Ward-CA- on November 27, 2001 at 1:10 PM In Reply to: Money Judgment posted by Adam on November 27, 2001 at 8:48 AM : If there is a money judgment against the owner being foerclosed on, and it is recorded (but not specifically against the property like a mortgage is), and is senior in time to the foreclosing lien, does a buyer at the auction take the property subject to that money judgment? : In other words, is a money judgment obtained by one individual against another treated the same as all other liens in a foreclosure situation (e.g., only junior judgments are extinguished? =?=?=?=?=?=?=?=?=?=?= Adam, to record a money judgment the judgment creditor would fill out and take down to the court an abstract of judgment form. The clerk of the court would verify the amount of the judgment, the date the judgment was entered in the court record, etc. and then sign and date it and put the court?s seal on it. The judgment creditor would then take the signed abstract of judgment to the county recorder?s office and record it. The recorded abstract of judgment, like all involuntary liens, automatically attaches to any and all property in the judgment debtor?s name in the county by operation of law. Because of the automatic attachment to the title of everything in the judgment debtor?s name, the abstract of judgment does not have to specify any particular property the debtor owns. A senior lien, regardless of whether it is a voluntary or involuntary lien, will not be adversely affected by the foreclosure of a junior lien.and thus will survive such a foreclosure action. Hope this helps. Follow Ups: Post a Followup: Name : E-Mail : Subject : Comments: : : If there is a money judgment against the owner being foerclosed on, and it is recorded (but not specifically against the property like a mortgage is), and is senior in time to the foreclosing lien, does a buyer at the auction take the property subject to that money judgment? : : In other words, is a money judgment obtained by one individual against another treated the same as all other liens in a foreclosure situation (e.g., only junior judgments are extinguished? : =?=?=?=?=?=?=?=?=?=?= : Adam, to record a money judgment the judgment creditor would fill out and take down to the court an abstract of judgment form. The clerk of the court would verify the amount of the judgment, the date the judgment was entered in the court record, etc. and then sign and date it and put the court?s seal on it. : The judgment creditor would then take the signed abstract of judgment to the county recorder?s office and record it. The recorded abstract of judgment, like all involuntary liens, automatically attaches to any and all property in the judgment debtor?s name in the county by operation of law. Because of the automatic attachment to the title of everything in the judgment debtor?s name, the abstract of judgment does not have to specify any particular property the debtor owns. : A senior lien, regardless of whether it is a voluntary or involuntary lien, will not be adversely affected by the foreclosure of a junior lien.and thus will survive such a foreclosure action. : 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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