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how long does a lien last in the state of california

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how long does a lien last in the state of california ?
Submitted: 7 years ago.Category: Real Estate Law
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Answered in 7 minutes by:
7/15/2010
Real Estate Lawyer: RobertJDFL, Lawyer replied 7 years ago
RobertJDFL
RobertJDFL, Lawyer
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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 reply replied 7 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?
Real Estate Lawyer: RobertJDFL, Lawyer replied 7 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.
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Customer reply replied 7 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 reply replied 7 years ago
If my property was put on foreclosure can that automatically void the lien and clean the title in oder to be sold?
Real Estate Lawyer: RobertJDFL, Lawyer replied 7 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.
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