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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Once the appeal period has lapsed... Posted by Ward-CA- on March 26, 2004 at 7:25 AM In Reply to: When do judgements turn into foreclosing liens? posted by steve on March 26, 2004 at 3:49 AM : In following a Trustee Sale property, I had a conversation with a junior judgement creditor's attorney. He told me that his client, the junior judgement creditor, levied the property in court and was about to force the sale to retrieve their judgement amount. : However, since the property is going to TS by the 1st, they will still be 2nd in line upon the TS sale. : When can a judgement turn into a foreclose-able lien? : Thanks again for your help. -- Steve ====================== Steve, The judicial foreclosure of a judgment won't affect the non-judicial Trustee's Sale of a 1st trust deed. However, the foreclosure of the 1st will wipe off title a junior judgment and will wipe out the ownership interest holders of the property, regardless of how they acquired their ownership interest. By virtue of just being a judgment lien, a judgment holder can immediately initiate their judicial foreclosure rights upon receiving their final judgment from the court. The appeal of a judgment must be filed 30 days after entry of judgment (if the debtor was present) or 40 days after entry if it was a judgment by default. Hope this helps. Follow Ups: Post a Followup: Name : E-Mail : Subject : Comments: : : In following a Trustee Sale property, I had a conversation with a junior judgement creditor's attorney. He told me that his client, the junior judgement creditor, levied the property in court and was about to force the sale to retrieve their judgement amount. : : However, since the property is going to TS by the 1st, they will still be 2nd in line upon the TS sale. : : When can a judgement turn into a foreclose-able lien? : : Thanks again for your help. -- Steve : ====================== : Steve, : The judicial foreclosure of a judgment won't affect the non-judicial Trustee's Sale of a 1st trust deed. : However, the foreclosure of the 1st will wipe off title a junior judgment and will wipe out the ownership interest holders of the property, regardless of how they acquired their ownership interest. : By virtue of just being a judgment lien, a judgment holder can immediately initiate their judicial foreclosure rights upon receiving their final judgment from the court. : The appeal of a judgment must be filed 30 days after entry of judgment (if the debtor was present) or 40 days after entry if it was a judgment by default. : 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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