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Ray, Lawyer
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Experience:  29 years in civil, probate, real estate, elder law
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There is a lien in my primary home for judgment debt. Whats

Customer Question

There is a lien in my primary home for judgment debt. What's gonna happen If I pass away? The creditor will collect the debt from My home some how? Or is there a way my son can continue to stay at the property?
Submitted: 10 months ago.
Category: Legal
Expert:  Ray replied 10 months ago.

Customer:

Thanks for your question and good evening.My sympathy here for your situation and dilemma.

Customer:

The creditor here can open probate and seek to force the sale of the property.Any surplus funds over the amount of the debt go back to the estate.But overall a creditor can force such a sale because any homestead protection you have ends with your death.

Customer:

He can certainly stay here until your death and then until there is a foreclosure through probate.Once such probate is filed and the house sold they can evict your son.

Customer:

You certainly can try to resolve the judgment and get a release.You also may be able to file say Chapter 7 bankruptcy to discharge any judgments against you.

Customer:

You may want to talk to a local lawyer abou tsuch bankruptcy if you want to discharge the judgment and the debt.

Customer:

Lawyer referral if you want to discuss bankruptcy as an option to discharge the judgment.

Customer:

The only ways to protect yourself would be to try and resolve the lien and get a release of file bankruptcy to discharge the debt here.

Customer:

I appreciate the chance to assist you tonight.Please let me know if you have more questions.I appreciate the chance to help you.

Customer:

I hope that you will be so kind as to leave a positive rating. If you do have any additional questions about my answer please click the "Continue Conversation Link" so I can provide you with a fully satisfactory answer. Please be aware that any rating of 1 or 2 is reflected as a negative rating and I receive no credit for my answers.


 


 


 


 


This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.

Customer:

I am available if you have more follow up.

Ray, Lawyer
Category: Legal
Satisfied Customers: 29097
Experience: 29 years in civil, probate, real estate, elder law
Ray and 18 other Legal Specialists are ready to help you
Customer: replied 10 months ago.
Some atterny told me that If I don't sell the home, and my son inherits it, he doesn't have to pay the lienholder off. Is this true?
Expert:  Ray replied 10 months ago.
No if there is a judgment lien against you and the property here it goes with the property.Anybody inheriting it or buying it does so with the lien attached.Thats the whole purpose of the lien here to cloud title and force you to resolve it.You either have to pay it and get it released or file bankruptcy here to discharge the debt.
Ray, Lawyer
Category: Legal
Satisfied Customers: 29097
Experience: 29 years in civil, probate, real estate, elder law
Ray and 18 other Legal Specialists are ready to help you
Customer: replied 10 months ago.
Would it be possible to inherit the home to my son? Understand the lien will be still there.
Expert:  Ray replied 10 months ago.
Yes he can inherit it here.The lien goes with it and once it is no longer your homestead creditor can force a sale.Often they don't do that but iit is a potential problem you and he should be aware of.

thanks again.
Ray, Lawyer
Category: Legal
Satisfied Customers: 29097
Experience: 29 years in civil, probate, real estate, elder law
Ray and 18 other Legal Specialists are ready to help you
Customer: replied 10 months ago.
The judgment debt was business to business debt n my company was a corporate. Then can the creditor put lien on my primary home?
Expert:  Ray replied 10 months ago.

They shouldn't be able to if only the corporation signed or was on the debt.You may want to consider a local lawyer to challenge the lien here with a suit to quiet title.Usually lawyer sends them demand letter demanding a release of the lien threatening suit.If they will not sign then a suit here to quiet title.This involves the court awarding you a clear title and removing the lien in question on the basis that it was a corporate debt.

A lawyer might be able to get this removed if it was strictly a corporate debt.

Lawyer referral here.

http://www.calbar.ca.gov/Public/LawyerReferralServicesLRS.aspx

More about quiet title suits.

http://orangecountyrealestateattorney.net/real-estate-disputes-litigation/quiet-title-actions

Thanks again for letting me help you tonight.

Ray, Lawyer
Category: Legal
Satisfied Customers: 29097
Experience: 29 years in civil, probate, real estate, elder law
Ray and 18 other Legal Specialists are ready to help you
Customer: replied 10 months ago.


there is a judgment debt which was my previous corporation company's debt. I closed the company already. can the creditor put lien on my primary home? My previous company also has some back tax debt from IRS. can they also put lien on my primary home.

Expert:  Ray replied 10 months ago.
Unless these judgments are in your name rather than the corporate name the answer is no they cannot.You may want to go your county recorder's office and get copies of them--they are public record.They would be inexed here either under the coprporate name or your name personally.Thats the easiest way to know what they have on you personally if anything.

Example of county recorder for LA County all counties have them..


http://www.lavote.net/recorder/document_recording.cfm

Thanks for the follow up here..



Ray, Lawyer
Category: Legal
Satisfied Customers: 29097
Experience: 29 years in civil, probate, real estate, elder law
Ray and 18 other Legal Specialists are ready to help you
Customer: replied 10 months ago.

When you file chapter7, I heard that judge can sell my primary home to pay my debts. If it's sold, will I get some money before paying any other debts(there is one judgment debt lien)and how much? Also which debts are going to be paid first? There is one judgment debt lien on my primary home and will this be paid first before other debts? I also has back tax debt from IRS before the judgment debt lien, will this get paid first?

Expert:  Ray replied 10 months ago.

If you file Chapter 7 here California grants you a homestead exemption.If the house equity execeeds that then the creditors can force a sale but you would get the exempt amount first under the law.

Law for reference.

http://www.nolo.com/legal-encyclopedia/the-california-homestead-exemption.html

And you would have to reaffirm the loan or if there is a note the lender can seek to lift stay and foreclose themselves if you are not making payments.

 

Interesting case where they didn't reuse the homestead funds they got, keep that in mind if you get this far here.

 

http://boeinglaw.com/jacobson-big-change-to-california-homestead-exemption-in-chapter-7/

 

Thanks again for letting me help you.

Ray, Lawyer
Category: Legal
Satisfied Customers: 29097
Experience: 29 years in civil, probate, real estate, elder law
Ray and 18 other Legal Specialists are ready to help you
Customer: replied 10 months ago.

you mean I will get the exempt amount before any other debt? even before the judgment debt lien on my primary home? if there is a lot of equity, let's say over 300,000, how much will I get?

Expert:  Ray replied 10 months ago.

Yes that is correct you get the $75k exemption. In California’s System 1, single homeowners who are not disabled may exempt up to $75,000 of the equity in their home or other property covered by the homestead exemption. You may exempt up to $100,000 if you live with a family member; $175,000 if you are 65 or older, or physically or mentally disabled; $175,000 if 55 or older, single, and earn a gross annual income under $15,000 or are married and earn a gross annual income under $20,000 and creditors seek to force the sale of your home. If you are married but separated, you may claim the homestead exemption in community property occupied by your spouse.

 

Reference..

 

http://www.nolo.com/legal-encyclopedia/the-california-homestead-exemption.html

 

Once again I appreciate the chance to help you.

Ray, Lawyer
Category: Legal
Satisfied Customers: 29097
Experience: 29 years in civil, probate, real estate, elder law
Ray and 18 other Legal Specialists are ready to help you
Customer: replied 10 months ago.

Thank you for the answer but let me ask you this way so I can understand better.


 


What if there is a lot of equity, let's say 400,000 and the home got sold by court order while BK, then I would get homestead exemption of $75,000 before IRS back tax or judgment lien?


 


Also, if there is judgment lien on my primary home and back tax debt(no lien), which one will get paid by the money from selling my primary home by court order while bankruptcy?

Expert:  Ray replied 10 months ago.

I think the order in a sale is IRS, your $75k and then creditors get rest.The IRS may get priority over everybody and then you get your $75 equity..

The bankruptcy court would decide who get priority in such a sale.

 

Reference..

 

http://www.irs.gov/irm/part5/irm_05-009-006.html

Ray, Lawyer
Category: Legal
Satisfied Customers: 29097
Experience: 29 years in civil, probate, real estate, elder law
Ray and 18 other Legal Specialists are ready to help you
Customer: replied 10 months ago.

I have a 300,000 judgment lien on my primary home. loan balance is 1.1mill and the current market value is 1.5mill if sold at normal housing market. can you advice what to do to resolve the 300,000 judgment lien issue?

Expert:  Ray replied 10 months ago.

It might be hard to resolve this debt unless you sell property and pay everybody off.Obviously you can continue to live here as long as you make payments.But once you decease the creditors can enforce the liens.I am not sure if a sale would net you a whole lot so you maybe better off just letting it remain and living there for the rest of your life.Unless the equity increases it will not sell for enough to pay all of it off and make anything.It's a tough situation with no easy answer.If the value increases a sale might yield enough to pay foo all your debts.

 

You can contact creditor and see if they will reduce the amount of the debt in order to resolve it and get it released.That's a starting point to see what your options are to resolve it.

Ray, Lawyer
Category: Legal
Satisfied Customers: 29097
Experience: 29 years in civil, probate, real estate, elder law
Ray and 18 other Legal Specialists are ready to help you
Customer: replied 10 months ago.

The lien judgment debt creditor want to meet me at a court to provide things like bank statements, financial statements, lone documents and many more to proceed to collect debt. My local attorney advise to meet them myself. He said it's easier not to provide all the thinks that they asking for if I meet them myself. Can you please advise if it's better to meet them myself or with an attorney? Any pros and cons?

Expert:  Ray replied 10 months ago.
The pros here of meeting them yourself is cost---you save paing a lawyer.Also if you have nothing they aren't going to be able to recover anything anyway.The cons are a lawyer can represent you and act as a buffer.You would want to get all funds out of your name here and go cash only or put them in another persons name because they may be trying to levy on your accounts which they can do.

And appearing here without this information is an option it may buy you more time.Long term you may want to consider keeping bank accounts real low to avoid a levy on them.You might also want to talk to the lawyer about bankruptcy as a means to discharge the debt.

Overall meeting with them is a good idea even if you go without all the information.It never hurts to see what they propose to you as a means to resolve it all.
Ray, Lawyer
Category: Legal
Satisfied Customers: 29097
Experience: 29 years in civil, probate, real estate, elder law
Ray and 18 other Legal Specialists are ready to help you
Expert:  Ray replied 10 months ago.
If you decided to file bankruptcy here are the exemptions for California..

http://www.nolo.com/legal-encyclopedia/california-bankruptcy-exemptions-property-assets.html

Thanks again for the follow up.I appreciate the chance to help.
Ray, Lawyer
Category: Legal
Satisfied Customers: 29097
Experience: 29 years in civil, probate, real estate, elder law
Ray and 18 other Legal Specialists are ready to help you
Customer: replied 10 months ago.

Thank you for your answer. Very helpful advice. But BK is not an option because I want to keep the home. there is high equity and will get sold through BK. While the meeting, they might ask about my furnitures and their value, do I have to tell them the price when I purchased or used market value? can they take the furnitures from us?

Expert:  Ray replied 10 months ago.

No here they are looking for easy things like bank accounts to levy or paid for cars something can resell or get at funds.They really don't want used furniture or appliances.Go and give them some information here just not your bank accounts, etc.

 

Here is great summary of your rights and what they are after, skip to page 4 or so..

 

 

 

When a Creditor Sues, What are My Rights? - Legal-aid.org

 



Good luck to you in all of this and have a great labor day.

Ray, Lawyer
Category: Legal
Satisfied Customers: 29097
Experience: 29 years in civil, probate, real estate, elder law
Ray and 18 other Legal Specialists are ready to help you
Customer: replied 10 months ago.

The judgment debt is a default judgment with fraud charge. It happened because I didn't not fight the case because my local bankruptcy attorney told me not to. I regret it because at least I can avoid the fraud charge which wasn't hard to do I heard. Is it possible to fight the case again? I never received the court paper directly for the case.

Expert:  Ray replied 10 months ago.
You may want to have the lawyer locally review it.There are situations where it might be possible to appeal here if the service was bad or there are other grounds of appeal.Certainly wouldn't hurt ot have him look at it locally and get his take on it..
Ray, Lawyer
Category: Legal
Satisfied Customers: 29097
Experience: 29 years in civil, probate, real estate, elder law
Ray and 18 other Legal Specialists are ready to help you
Customer: replied 10 months ago.

I heard that If I try to include the debt(default judgment with fraud charge) the creditor will most likely open a adversary hearing. Would it be hard to prove that it wasn't a fraud through adversary hearing?

Expert:  Ray replied 10 months ago.

Thanks for your question and good evening to you.

If you decide to file bankruptcy the creditor could file for such a hearing.But overall you would have a great chance to discharge such a judgment in Chapter 7.You might also be able to reaffirm the house note here and keep it as well.You may well want to consult with a local bankruptcy lawyer about a filing as a last resort here.

Here is reference about such hearings.Even when they file they do not necessarily prevail often the court sides with you the debtor and grants discharge.

http://www.bankruptcycanhelp.com/published-articles/2004-06-N-Proceeding-Primer.php

 

More

 

http://www.bankruptcylawnetwork.com/bankruptcy-basics-what-is-an-adversary-proceeding/

 

Thanks again for your patience this evening while I researched this for you.

Ray, Lawyer
Category: Legal
Satisfied Customers: 29097
Experience: 29 years in civil, probate, real estate, elder law
Ray and 18 other Legal Specialists are ready to help you
Expert:  Ray replied 10 months ago.
Here is some more information about discharge of judgments in bankruptcy..

http://www.nolo.com/legal-encyclopedia/will-bankruptcy-get-rid-lawsuit-judgments.html

Thanks again for letting me help you and a happy labor day to you.
Ray, Lawyer
Category: Legal
Satisfied Customers: 29097
Experience: 29 years in civil, probate, real estate, elder law
Ray and 18 other Legal Specialists are ready to help you
Expert:  Ray replied 10 months ago.
Thanks again for the ratings.If you get a customer survey I would also appreciate it if you would rate me and send it in.Thanks again for letting me be of service.
Ray, Lawyer
Category: Legal
Satisfied Customers: 29097
Experience: 29 years in civil, probate, real estate, elder law
Ray and 18 other Legal Specialists are ready to help you
Customer: replied 10 months ago.

How do I find good bancruptcy atterney in Los Angeles area? I'm having hard time finding a good banckruptcy atterney

Expert:  Ray replied 10 months ago.
Thanks for your patience here.

Please use the California State Bar.They screen here for lawyers that are in good standing and proper experience.Thiey also verify malpractice coverage and work with you to make sure you get one you feel comfortable with.

http://www.calbar.ca.gov/Public/LawyerReferralServicesLRS.aspx

Thanks again for letting me help you.
Ray, Lawyer
Category: Legal
Satisfied Customers: 29097
Experience: 29 years in civil, probate, real estate, elder law
Ray and 18 other Legal Specialists are ready to help you
Customer: replied 10 months ago.

Let's say I no longer want to file bankruptcy. I was told that my primary home is protected which means a judgment debt lien holder can't foreclose it to pay their debt. I understand the mortgage loan lien holder can foreclose if only if I don't make payments but judgment lien holders can't foreclose the home right?

Expert:  Ray replied 10 months ago.

Good afternoon to you here.

It is rare that a judgment creditor would try to force a sale of your homestead.The law allows you the following equity homestead exception ..


Here in California you get the $75k exemption. In California’s System 1, single homeowners who are not disabled may exempt up to $75,000 of the equity in their home or other property covered by the homestead exemption. You may exempt up to $100,000 if you live with a family member; $175,000 if you are 65 or older, or physically or mentally disabled; $175,000 if 55 or older, single, and earn a gross annual income under $15,000 or are married and earn a gross annual income under $20,000 and creditors seek to force the sale of your home. If you are married but separated, you may claim the homestead exemption in community property occupied by your spouse.

 

Reference..

 

http://www.nolo.com/legal-encyclopedia/the-california-homestead-exemption.html



In almost all cases the judgment debtor just waits and hopes they get paid in a sale here.The lien clouds the title if you decease they can then seek to force a sale of property in probate.

I appreciate the chance to help today.Thanks again, let me know if you have more followup.It is always a pleasure to provide you the information that ou needed.

Ray, Lawyer
Category: Legal
Satisfied Customers: 29097
Experience: 29 years in civil, probate, real estate, elder law
Ray and 18 other Legal Specialists are ready to help you
Customer: replied 10 months ago.

This article below saying a judgment debt is only renewable for 30years. I thought a judgment debt is renewable every 10years infinitly. Please let me know what's correct. Here is the article- "In California real estate liens remain in effect for five years unless the collection agency requests a continuation of the lien within the six-month period preceding the date the lien expires. Should the lien expire without the collection agency requesting a continuation, it may use its judgment to request a new Abstract of Judgment from the court and file a new property lien. California judgments remain enforceable for 10 years and are renewable for a total of 30 years. If the judgment itself has expired, the collection agency may not renew or file a lien against your home."

Expert:  Ray replied 10 months ago.

They can be renewed every 10 years here.There are specific time frames to do so and in order to properly do so they must follow procedure.If they do not you could file a quiet title suit and the lien removed from your title.

Here it is explained , please skip down toward bottom --how long is judgment lien valid..

 

http://www.occourts.org/self-help/smallclaims/collectingthejudgment.html#howlong

 

More here.

http://www.brewerfirm.com/articles/article-052709c.html

Ray, Lawyer
Category: Legal
Satisfied Customers: 29097
Experience: 29 years in civil, probate, real estate, elder law
Ray and 18 other Legal Specialists are ready to help you
Customer: replied 10 months ago.

So you are saying it can be renewed with no limit right?

Expert:  Ray replied 10 months ago.

Yes but they have to do it timely and comply with the requirements here.If they do not do so it expires and you canchallenge it with a suit to quiet title and have court grant you clear title.So you might want to check here with court that granted lien to see after 10 years if they renewed it or not.Often they give up and do not do so.

Thanks again for the follow up.

Here are the specific requirements they must follow.

http://www.occourts.org/self-help/smallclaims/collectingthejudgment.html#howlong

Go down to how long judgment is good for.

 

More here..

 

 

 

Recording and Renewing Judgments - Kingston, Martinez & Hogan

Thanks again.

Ray, Lawyer
Category: Legal
Satisfied Customers: 29097
Experience: 29 years in civil, probate, real estate, elder law
Ray and 18 other Legal Specialists are ready to help you
Expert:  Ray replied 10 months ago.
Thanks for your recent questions and positive ratings.If you can return the customer satisfaction survey with a positive rating it will be much appreciated as well.If you have future questions post them for Ray and I will be happy to respond.Thanks again.
Customer: replied 10 months ago.

it was a little confusing but you were saying earlier that lien judgment creditor can foreclose my primary home if there is high equity that covers legal, agent fee, homestead exemption and their debt right?

Expert:  Ray replied 10 months ago.
If the equity value exceeds the amount of your exemption then they could seek to foreclose and sell.This is almost never done though because it is a lot of trouble and unless they would clearly get something after paying you the amount of the exemption it is not worth it to them.

Much more likely they hope you decide to sell or once you decease then they pursue to foreclose the lien.But it is possible just unlikely.

Thanks for the follow up.
Ray, Lawyer
Category: Legal
Satisfied Customers: 29097
Experience: 29 years in civil, probate, real estate, elder law
Ray and 18 other Legal Specialists are ready to help you
Expert:  Ray replied 10 months ago.
Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Ray, Lawyer
Category: Legal
Satisfied Customers: 29097
Experience: 29 years in civil, probate, real estate, elder law
Ray and 18 other Legal Specialists are ready to help you
Customer: replied 9 months ago.
I have some certificate of tax lien letters and notice of state tax lien letters but when I check public records, I don't see any lien on my home. does that mean, these liens are on my business or business proporties only? Or these government liens don't show on public records?

Expert:  Ray replied 9 months ago.
Thanks for your question and good day to you.I appreciate the chance to help you.

Here is they do not appear in the public deed/tax records then you are correct that these so far at least are only on your business or business properties.The tax folks have the option of just applying them to your business or business properties.In that situation if they are not recorded against your homestead the tax folks could not collect here on the homestead.

They may be content to let them only be applied to the business or business properties.It is also possible later on they appear on the homestead.You may want to check once a year just to make sure no changes.That is a break for you if they do not pursue liens against your homestead.It is possible they missed the residence or it got forgotten along the way.

I appreciate the chance to assist you today.Please let me know if you have more follow up.Thanks again.
Ray, Lawyer
Category: Legal
Satisfied Customers: 29097
Experience: 29 years in civil, probate, real estate, elder law
Ray and 18 other Legal Specialists are ready to help you
Customer: replied 9 months ago.

If there is high equtiy so trustee sold my home in bankcrupty and there is some money to be paid to creditors. Who will get paid first between the IRS lien debt(lien on business only) VS Judgment lien debt(lien on my home that got sold)?

Expert:  Ray replied 9 months ago.
The IRS followed by the state get priority.Then anything left over goes to creditors and cout decides the priority.But the IRS here always gets priority of payment, you know " the man" as they say always gets paid first.

Ultimately the proceeds go into bankruptcy and judge assigns who get spaid and how much as part of admiinstation of the case.That really is one of the functions of the court and all creditors are involved and a trustee.Usually there are trustee meetings to discuss all of this and then discharge of you the debtor from anything left.

You may also be able to get rid of other debts during a Chapter 7 like credit cards, etc.You amy want to talk to a bankruptcy lawyer locally and decide when the time is right.This usually gives you some time to think about it as it is a major life decision and last resort no doubt.

Thanks again for the follow up.Have a great weekend.Always a pleasure to help you.
Ray, Lawyer
Category: Legal
Satisfied Customers: 29097
Experience: 29 years in civil, probate, real estate, elder law
Ray and 18 other Legal Specialists are ready to help you
Customer: replied 9 months ago.

I've been trying for lone modification for a while to protect my home. This is my 2nd time submitted the lone modification application. Each time it get denied, I had to file bankruptcy to stop the foreclose then submit new lone mod application and then let the bankruptcy get canceled. I'm planning to repeat this until I get my lone modification get approved. Can the mortgage company stop me from repeating this? I have a family to support and I'm afraid my home might get foreclosed.

Expert:  Ray replied 9 months ago.

Hello again.Good to hear from you.

 

No you can keep on trying here.You may want to try a different lender.I think if you keep trying to will get a better loan and deal here.It is certainly worth trying some more.

 

You have the right idea to keep on trying to get a better loan and hopefully lower payments.

I wish you the best.Thanks for the follow up.

Ray, Lawyer
Category: Legal
Satisfied Customers: 29097
Experience: 29 years in civil, probate, real estate, elder law
Ray and 18 other Legal Specialists are ready to help you
Customer: replied 9 months ago.

Thank you very much for the answer. So even if I keep filing BK to resubmit the lone mod application, the mortgage company can't stop me? I'm scared that some how they have a way to ignore the BK and sell my home at auction.


 


 

Expert:  Ray replied 9 months ago.
The bankruptcy here would buy you time if you need that.You may want to talk to a local lawyer about filing if you have too again.It is an option to get you the time that you need.I do hope that you can resolve this one way or the other.

The California bar can hlep you find one locally..

http://www.calbar.ca.gov/Public/LawyerReferralServicesLRS.aspx

Thanks again for letting me help you and the positive ratings.
Ray, Lawyer
Category: Legal
Satisfied Customers: 29097
Experience: 29 years in civil, probate, real estate, elder law
Ray and 18 other Legal Specialists are ready to help you
Customer: replied 9 months ago.

Can I save my house even after the foreclosure sale?

Expert:  Ray replied 9 months ago.
It would be very hard.After foreclosure sale you would have to file a civil suit and challenge the foreclosure.It would be much better here to file for bankrutpcy and possibly refinance.These are the better options and a much better chance for a positive outcome.

You want to try and avoid foreclosure with bankrutpcy if you have too.And I hope you can possibly refinance so that you may keep the property here.

Please consider the lawyer referral and go over the bankrutpcy option here.

Thanks again I appreciate the chance to follow up with you.I also wish you good luck with all of this.
Ray, Lawyer
Category: Legal
Satisfied Customers: 29097
Experience: 29 years in civil, probate, real estate, elder law
Ray and 18 other Legal Specialists are ready to help you
Customer: replied 9 months ago.

When lender try to foreclose my home, do they send me foreclosure law suit first or can they just do it?

Expert:  Ray replied 9 months ago.

They would have to send you notice here.And you would have the chance to respond and contest.You also could file bankruptcy here and the automatic stay would stop it for awhile at least.But you would receive notice from anyone trying to foreclose on your home.Legally they have to give you such notice.

 

You may also want to talk to the lawyer about your options they might help you find refinance and a lender that will agree to work with you.I do believe you still have these options and a lawyer locally might be able to help you resovle these issues,

 

 



Thanks again.Good luck here, thanks for your positive ratings.It is always a pleasure to work with you and give you the information you need.

Ray, Lawyer
Category: Legal
Satisfied Customers: 29097
Experience: 29 years in civil, probate, real estate, elder law
Ray and 18 other Legal Specialists are ready to help you
Expert:  Ray replied 9 months ago.
Thank you for your positive rating of my service to you. Let me know if you need more help or have future questions. I will be here for you. Just ask for me by name at the start of your question - "Ray" .


Best wishes and good luck to you.

If it is not too much trouble, when you receive a Customer Satisfaction Survey from JA/Pearl in a day or two, please consider rating me highly (9 or 10). It affects my ability to continue to assist you and other customers on JA/Pearl and would be most appreciated.
Ray, Lawyer
Category: Legal
Satisfied Customers: 29097
Experience: 29 years in civil, probate, real estate, elder law
Ray and 18 other Legal Specialists are ready to help you
Customer: replied 9 months ago.

I thought if you purchase a home that has judgment lien attached at auction, the lien follows with the home. But I read and article said"When you purchase property at a foreclosure sale, all junior liens other than property taxes are wiped out." is this true?

Expert:  Ray replied 9 months ago.

Good day to you.Thanks for coming back.Hope all is well.

Here if there was a judicial foreclosure where the lien holder was served and noticed then yes the liens may be wiped out by the court.But if this was a non judical foreclosure sale then the lien may not be wiped out but go with the property.

And most foreclosures in California say 99% or so are non judicial foreclosures under a deed of trust.If the lien is not wiped out then the person buying it has to resolve it or if the lender is buying it back then they have to resolve it to be able to resell the property.

Here is reference on that issue..

http://www.car.org/legal/leader-articles/deficiency-judgments-ca-law/?view=Print&url=http://www.car.org/legal/leader-articles/deficiency-judgments-ca-law/

 

More

 

Foreclosure Overview - Witkin & Eisinger, LLC



Thanks for letting me help you today.Let me know if you have more follow up.Thanks as usual for giving me the chance to provide you the information you needed.

Ray, Lawyer
Category: Legal
Satisfied Customers: 29097
Experience: 29 years in civil, probate, real estate, elder law
Ray and 18 other Legal Specialists are ready to help you
Customer: replied 9 months ago.

There is a judgment lien attached to our home. The judgment is against me only. Are they allowed to attach a lien on our home that are owned by me and my wife as joint tenant? The judgement is not against my wife.

Expert:  Ray replied 9 months ago.
They can cloud title here.They only could possibly collect it against your half if they force a sale through the courts.Likely here they would not pursue a sale but rather content to let it sit there.If you decease they might then seek to force a sale.And you might consider bankruptcy if they force you into it with a foreclosure action.
Ray, Lawyer
Category: Legal
Satisfied Customers: 29097
Experience: 29 years in civil, probate, real estate, elder law
Ray and 18 other Legal Specialists are ready to help you
Customer: replied 9 months ago.

What if me and my wife get divorced and my wife takes the home. Will the judgment line get removed or follow with the home? Again, the judgment is only against me but not my wife.


 

Expert:  Ray replied 9 months ago.
The judgment would follow the property.But if you filed for bankruptcy solo here you could get it discharged and then force them to remove the lien.You may want to talk to lawyer again locally and consider it as an option long term .

Thanks again..










bankruptcy is
Ray, Lawyer
Category: Legal
Satisfied Customers: 29097
Experience: 29 years in civil, probate, real estate, elder law
Ray and 18 other Legal Specialists are ready to help you
Customer: replied 9 months ago.

Foreclosure Overview - Witkin & Eisinger, LLC


I read the link that you gave me and it was very helpful. You said earlier that if this was a non judicial foreclosure sale then the lien may not be wiped out but go with the property. But when I read the "3. Special consideration in non-judicial foreclosures." It says " a foreclosure on a senior lien extinguished (wipe-out) junior liens on the same property.

Expert:  Ray replied 9 months ago.
I would agree with you here that if the lender foreclosing here notices the other junior liens they should be wiped off the title.Now that said the judgment is still out there and if you aquire other real property it would reattach.Thanks for letting me clarify that.


But normally you are correct they are wiped off the title of this particular property by a properly done foreclosure.

If you want to discharge the judgment so that it is no longer in your name Chapter 7 would accomplish that for the future.

Again I appreciate the chance to clarify and follow up.I also appreciate your psotive ratins and repeat business.Always a pleasure to help you..

Ray, Lawyer
Category: Legal
Satisfied Customers: 29097
Experience: 29 years in civil, probate, real estate, elder law
Ray and 18 other Legal Specialists are ready to help you
Customer: replied 9 months ago.

How does levy work? A judgment lien holder collect little bit of money from my bank before but they haven't collected money from my bank account since then. they can only collect each time they request to a court to collect it? They can't collect money from my bank account continuously?

Expert:  Ray replied 9 months ago.

Bank levy or garnishment is a real sneaky deal.They make application to the court that has the judgment and get garnishment order for accounts in your name.They can take all the funds here up to the amount of the judgment.So you want to keep funds out of your name here.Either you rent a safety box and go cash only or keep funds in someone else' s name here and social.

Overall this is very real threat and if they get the account numbers they can keep coming back,As far as the one account that was levied I would close it out or keep absolute minimal funds in it because it is still at risk.This would be the means here to avoid an ugly surprise and loss of funds here so be careful.

Reference to the process.

http://thelawdictionary.org/article/how-to-avoid-a-bank-levy-in-california/

As always it is my pleasure to assist you.Thanks so much for the chance to help again.

Expert:  Ray replied 9 months ago.
Thank you for your positive rating of my service to you. Let me know if you need more help or have future questions. I will be here for you. Just ask for me by name at the start of your question - "Ray" .


Best wishes and good luck to you.

If it is not too much trouble, when you receive a Customer Satisfaction Survey from JA/Pearl in a day or two, please consider rating me highly (9 or 10). It affects my ability to continue to assist you and other customers on JA/Pearl and would be most appreciated.
Customer: replied 9 months ago.

There is a high amount judgment lien on my home. We are about to settle the debt as 5 year payment plan. Can I remove the lien once I start making payments or do I have to wait 5years to finish making payments to remove the lien on my home?

Expert:  Ray replied 9 months ago.
Good afternoon to you and thanks for the follow up.


Thats negotiable.See if they would agree to remove it now, likely they will want you to pay it off but it sure doesn't hurt to ask and see if they will negotiate on this issue.It would be better obviously if you could get them to agree to do so now rather than later and clear the title.

Thanks again let me know how you make on here.I wish you the best on resolution.
Ray, Lawyer
Category: Legal
Satisfied Customers: 29097
Experience: 29 years in civil, probate, real estate, elder law
Ray and 18 other Legal Specialists are ready to help you
Expert:  Ray replied 9 months ago.
Thank you for your positive rating of my service to you. Let me know if you need more help or have future questions. I will be here for you. Just ask for me by name at the start of your question - "Ray" .


Best wishes and good luck to you.

If it is not too much trouble, when you receive a Customer Satisfaction Survey from JA/Pearl in a day or two, please consider rating me highly (9 or 10). It affects my ability to continue to assist you and other customers on JA/Pearl and would be most appreciated.
Ray, Lawyer
Category: Legal
Satisfied Customers: 29097
Experience: 29 years in civil, probate, real estate, elder law
Ray and 18 other Legal Specialists are ready to help you
Customer: replied 9 months ago.

I want to inherit properties safely to my son in the future. If I place my future properties into trust, will they protected from legal issues like judgments debts against me? How strong is trust law?

Expert:  Ray replied 9 months ago.
Hi and welcome back to JA.

Here if you are able to get the lien released you can transfe them to him in a trust or directly.But if there are liens here they follow the land.But if you are able to resolve and release them and place them in a trust where he is beneficary or you transfer them directly say a quitclaim then creditors cannot them seek to lien them in the future since they are no longer owned by you.Hopefully you can get the existing liens released and do so.

The problem is getting the existing lien resolved and relelased here.In that situation you can then transfer them eitehr to a trust or to the person directly.

Thanks again for the chance to help you .
Ray, Lawyer
Category: Legal
Satisfied Customers: 29097
Experience: 29 years in civil, probate, real estate, elder law
Ray and 18 other Legal Specialists are ready to help you
Customer: replied 9 months ago.

Can you also place a business(corporate) into a trust? How welll does trust protect assets?

Expert:  Ray replied 9 months ago.

Good afternoon and welcome back to JA. I appreciate your question and business.


You can place a business in a trust.The trustee runs the business for the benefit of the beneficiary.An irrevocable trust would offer the most protection sine it is irrevocable but you don't have as much control of the trust itself and the assets.

Here is good reference to trusts and their pros and cons for your information.

http://www.assetprotectionattorneys.com/Domestic_Asset_Protection/Irrevocable_Trusts.aspx

 

LLCs are also used these days to protect properties from creditors..here is information about that as well.

 

http://www.limitliability.com/llcstrustsarticle.html

 


Thanks again for letting me help you today.It is always a pleasure to do so.

Ray, Lawyer
Category: Legal
Satisfied Customers: 29097
Experience: 29 years in civil, probate, real estate, elder law
Ray and 18 other Legal Specialists are ready to help you
Customer: replied 8 months ago.

Me and some creditor are trying to settle a case but for the mean time, my local attorney advised me not to go the debtor's examination. The creditor set up a debtor's examination meeting at court while a go but I didn't go so there is a arrest warrant on me. I had travel out side of country, the attorney advised me to reschedule the debtor's examination meeting date to be after my return date to avoid getting arrested at airport. So I did but didn't go to the 2nd debtor's examination also. The attorney told me only bail amount will be increased but not a big deal. I have to travel again soon and I have to repeat rescheduling. Is it ok to keep repeating this or will I get in trouble?

Expert:  Ray replied 8 months ago.
Hello and welcome back.There is risk here but by following up with any reschedule--writing the lawyer indicating you are going to follow through but rescheduling is necessary or something to that effect you have record that you are still trying to resolve.Thats may be the best you can do here to minimalize the chance you might be picked up for contempt.

Making a good written record here with a follow up is always in your interest to give you proof you aren't totally blowing this off.

I appreciate the follow up today.I hope you are still able to resolve all of this with the other side.Thanks again.
Ray, Lawyer
Category: Legal
Satisfied Customers: 29097
Experience: 29 years in civil, probate, real estate, elder law
Ray and 18 other Legal Specialists are ready to help you
Customer: replied 7 months ago.

Is it possible for collection agents or attorneys to find information about my financial status such as mortgage loan balance or bank accounts?

Expert:  Ray replied 7 months ago.

Hi and welcome back and good morning.I hope you had a great thanksgiving.

Yes they can access the credit bureaus and locate bank accounts and balances, etc.Anything that is reported to the bureaus can then be looked at by a creditor with access here.It is a common way to look for assets to either garnish or lien or otherwise try to collect against so aware of these.

And then they sometimes use debtor examinations to confirm the information or seek to fill in what they don't have as far as assets here.So again be aware here that they are usually trolling for assets to try and collect against.

 

An example..

 

http://www.thecreditbureau.com/find-asset.htm

I wish I could tell you otherwise.

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