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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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Judgment Creditor obtained a Judgment against two judgment

Customer Question

Judgment Creditor obtained a Judgment against two judgment debtors.
Judgment Debtor No. 1. my Father, individually
Judgment Debtor No. 2. my Father's Revocable Family Trust, ("JOHN DOE FAMILY TRUST").
Then my father died prior to the Judgment Creditor obtaining a Sheriff's Levy.
But the Judgment Creditor continued under the Enforcement of Judgments Law, obtaining an After-death Writ of Execution and After-death Levy, (by stating the judgment debtor was dead, thereby tricking the Sheriff.)
They went to Sheriff's sale, a non-judgment creditor won the bid, and then that winning bidder filed a complaint to quiet title based upon the Sheriff's deed. But the deed states it is transferring all the right, title and interest of the judgment debtors.
Since my father was deceased prior to levy, but the second judgment debtor is listed as his "family trust," the purchaser argued "the trust" did not die, enforcement could continue under the Enforcement of Judgments law, and now the judge is claiming they bought "they property" and are entitled to a Quiet Title Judgment.
Does the Sheriff's Deed with "the trust" as Judgment Debtor No. 2, actually convey some form of title rights to the purchaser, because "the trust" did not die like my father, and enforcement could therefore continue under the EJL rather than the creditor being required to submit to Probate Code?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Irwin Law replied 1 year ago.

What property was executed upon? In whose name was title held prior to the execution sale?

Customer: replied 1 year ago.
Vacant land.Legal title was held by my father as trustee to one parcel, and the first trustee, (his deceased brother) as to another parcel. My father failed to update title on both parcels when his brother passed. Then someone got a money-judgment against him and "the trust," so when my father died, the creditor claimed "the trust did not die, so enforcement can continue inder the EJL anyway.
Obviously Portico Management ends the "judgment against a trust discussion" and Stanley v west over and smith v reed answer the "levy after death" issue-a levy of nothing, a sale of nothing , and no possible cause of action for the purchaser,So to answer? Trust was revocable, my father was the last surviving settlor, and his passing changed the trust to irrevocable.And his real property rights vested at the moment of his death, even under escheat laws, (prob. Code 6800,(a)(b); 6801
Expert:  Irwin Law replied 1 year ago.

Thanks for the explanation. I see the problem, and perhaps the execution sale should not have taken place. That said, I don't feel qualified to comment on the specific legal issues under CA law, so I will open the question for others.

Customer: replied 1 year ago.
Thank you
I sincerely ***** ***** efforts