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Category: Real Estate Law
Satisfied Customers: 24165
Experience:  20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
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THIS IS A QUESTION FOR LAW PRO Thanks for your previous answer

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THIS IS A QUESTION FOR LAW PRO
Thanks for your previous answer Fred,
The woman I am perusing a judgment against is a slippery one. The properties she about to acquire (“free and clear”) are part of a Settlement Agreement with the opposing party, her sister, and is in her here foreign name. She has two separate identities including SS#’s, our Abstract is in her American name only. I have convinced the sister to prepare the transfer Grant Deed to list her American name as an AKA so that I can tag her with my Abstract. My problem now is that the city of Los Angles is taking 3-4 weeks to sign the new Abstracts that I will be recording in these other counties. The sister has to transfer title immediately as part of her Settlement Agreement. I fear that once Judgment Debtor sees her AKA on the deed she will flip her interest in the property to another person or entity.

Question: Any ideas of clouding the title on the property or preventing a transfer until we have our recorded Abstract in place? I was thinking of throwing a bogus Mechanics Lien to buy me a few weeks.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Pro replied 1 year ago.

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Thank you for asking for me.

My thoughts on that are - you could void the transfer if she tried or attempted that.

You have a judgment against her - a buyer would be crazy not to do a title search on the property if it has any serious value.

Included in that title search would also be a search as to anything against her as part of the title search. The buyer's searcher would catch her IMHO.


What is the value of the property if you have a guesstimate?


Customer: replied 1 year ago.

My Judgement is approximately $38,000. The Judgement Debtor will acquire these 5 new properties with a combined net value for her interest of about $250,000. I am pretty sure the title company or potential purchaser will not pick up the Judgement unless it is recorded in the County the properties are situated in Santa Cruz County. My Judgement is currently only recorded in LA County.


 


It would be difficult if not impossible to unwind a "buyer in due coarse" transaction. While it would possible to unwind a friendly transfer, I am really not looking forward to another protracted court battle.


 


I am trying to get the sister to delay the transfer long enough for the court to issue my new abstracts but she is being intimidated by the opposition

Expert:  Law Pro replied 1 year ago.
You could just file the judgment against her in Santa Cruz County and make it of record there.

A "judgment" under the EJL is any "judgment, order or decree" entered by a California court. [Ca Civ Pro § 680.230; see also Ca Civ Pro § 680.110] Judgments are final determinations of the parties' rights in actions or proceedings (Ca Civ Pro §§ 577, 1064). In addition, written orders of dismissal signed by courts constitute judgments and are effective for all purposes. [Ca Civ Pro § 581d] Every other court direction made or entered in writing that is not part of a judgment constitutes an order. [Ca Civ Pro § 1003]

Judgments are enforceable under the EJL generally upon "entry." [Ca Civ Pro § 683.010; see also Ca Civ Pro § 664] In counties that maintain judgment books (few still do), judgments are entered when noted in the judgment book. In counties that do not maintain judgment books, judgments are deemed entered when filed with the clerk; no subsequent action is required. [See Ca Civ Pro §§ 668, 668.5]


Am I missing something if you just file the judgment in Santa Cruz County?
Customer: replied 1 year ago.

It is my understanding , based on what my attorney is doing, that we need to get newly prepared Abstract of Judgement with a wet signature from the court in order to be acceptable to the recorder office in Santa Cruz County. Is that not the case?


 


Additional question: Are attorney fees recoverable in the pursuit of a Judgement debt?

Expert:  Law Pro replied 1 year ago.
Regretfully, unless the underlying contract provides for attorneys fees or the statute upon which one is suing provides for such.- they are not recoverable when collecting upon the judgment.


That is correct as to your interpretation but that doesn't take very long to get and file - a week at most.
Law Pro, Lawyer
Category: Real Estate Law
Satisfied Customers: 24165
Experience: 20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
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