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RobertJDFL
RobertJDFL, Lawyer
Category: Real Estate Law
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Experience:  Experienced in multiple areas of the law.
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how long does a lien last in the state of california

Resolved Question:

how long does a lien last in the state of california?
Submitted: 4 years ago.
Category: Real Estate Law
Expert:  RobertJDFL replied 4 years ago.
A judgment lien is valid in the State of California for ten years. The creditor then has the option of renewing the lien for an additional ten years. These provisions by law can be found in section 683.020 of the California Code. Section 683.030 allows it to be initially enforced, and sections 683.120(b) and 683.150(a) allow it to be renewed.

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Customer: replied 4 years ago.
If I put a lien on my mortgage do I have to file the lien every month for it to be valid or can it be done only once and be valid for 10 years?
Expert:  RobertJDFL replied 4 years ago.
You only have to file it once, and it's valid for the ten years. Check with the Clerk of the Court, as they may have the forms you need to file the lien yourself, as well.
Customer: replied 4 years ago.
If the company that has the lien on my property files for bankrupcy can the bankrupcy stop the sale of my property?
Customer: replied 4 years ago.
If my property was put on foreclosure can that automatically void the lien and clean the title in oder to be sold?
Expert:  RobertJDFL replied 4 years ago.
Generally, the lien will be paid from the proceeds of the foreclosure sale. Now if the creditor is a small lien holder (a utilities company, something of that nature) if there aren't enough proceeds to satisfy their lien, it gets wiped out. If the other lien holder is a bank, like a second mortgage, and there aren't enough proceeds to satisfy their mortgage, they can still come back after you for a judgment to get the rest of the money (e.g., You owe $150,000 on the first mortgage and $50,000 on the second, home sells for $175, first mortgage is paid off, but there is still a balance of $25,000 that the other lender can chase after you for). In this instance it is worth negotiating with the second lender to negotiate no deficiency judgment.
RobertJDFL, Lawyer
Category: Real Estate Law
Satisfied Customers: 10260
Experience: Experienced in multiple areas of the law.
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