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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 116716
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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We are the first mortgagee of property in Oroville, CA. The

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We are the first mortgagee of property in Oroville, CA. The owner died July 4, 2013. We
know he sued an individual concerning the property/won a judgment. How do we attach
this judgment? The judgment is for 100K as far as we know. The owner never pursued collection on this judgment. We have contacted the executor of the estate, but this is a ticklish situation. She has said to go ahead/foreclose. That is costly. If she has a judgment that was awarded because of this property, shouldn't we be able to attach it?
What can we do to secure this for payment on this loan?
Email: [email protected]
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

If you have a judgment against the estate, you would have to go to court to file a writ of seizure/garnishment and list the assets of the estate as the assets you want the garnishment to come from. It is not that costly to do. Once you get the writ of seizure, then you would serve the executor and seize the settlement or other assets in the trust and if she refuses to turn them over you would file the writ in the probate court and they would order it surrendered to you to satisfy the judgment.

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Law Educator, Esq. and 2 other Real Estate Law Specialists are ready to help you
Customer: replied 3 years ago.

So, what kind of suit can we bring? The owner paid the mortgage but he

is dead now. The executor is an ex-wife/there is an adult son. If there is a chance to cash in the 100k, I think they would take the money/run.

You file a petition to foreclose on the loan for breach of contract. You serve notice on the executor of the suit and file a copy in the probate court where the will is being probated, which would stop her from distributing proceeds of the settlement. Together with your petition to foreclose, you file a motion for pre trial seizure of the judgment based on the money due you and explain you believe the executor will spend the funds or hide them to prevent you from collecting on your loan.

Whatever you are owed you need to sue for if you want to collect and you need to foreclose your mortgage to do so.

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