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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31658
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I put lien on someones property for landing money but this

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I put lien on someone's property for landing money but this person is not paying back. I found out there is another lien after mine but it is a judgment lien but mine is not judgment lien. Is my lien still the higher priority lien than the other judgment lien?

Kirk Adams : Hi - my name is XXXXX XXXXX I'm a Real Estate litigation attorney. Thanks for your question. I'll be glad to assist.
Kirk Adams : Is your lien based on a promissory note and deed of trust? If not, what is the basis for your lien?
Customer: 10:29 AMYes, my lien is based on a promissory note and deed of trust.
Kirk Adams : ok. thanks.
Kirk Adams : In that case, as long as your lien is filed BEFORE the judgment was recorded, then your lien takes priority.
Kirk Adams : A judgment doesn't give the creditor a stepped-up lien right.
Kirk Adams : Priority is determined based on the filing date.
Customer: Would I be able to collect interest later when the home get sold? If so, what percentage?
Kirk Adams : Generally, you can only collect the interest stated on the note.
Customer: What's the maximum interest rate you can put on the note?
Kirk Adams : The maximum legal rate of interest in CA is 12%:
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