Judgment Lien Forms With Mortgage In California
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A lien placed against property is a legal claim or right to someone's property, used to ensure the payment of a debt or obligation. There are three basic types of liens, including consensual, judgment, and, statutory. Consensual liens are voluntary, such as a mortgage lien, and are generally used to secure a debt.
A mortgage is a specific, voluntary lien. It is specific to the piece of property and is voluntary because it was agreed to by the property owner. A judgment lien is an example of a general, involuntary lien. Judgment liens can be applied against any of an individual's assets.
Imposed or non-voluntary liens, such as tax liens and mortgage liens, are common and can significantly impact property transactions. Non-imposed or voluntary liens, like judgment liens and mechanic's liens, also warrant attention for their potential influence on real estate transactions.
Of the three types of liens (consensual, statutory, and judgment), the judgment lien is the most dangerous form, but one which the informed business owner may be able to eliminate. A judicial lien is created when a court grants a creditor an interest in the debtor's property, after a court judgment.
Key takeaways. While credit card companies technically have the ability to pursue your home for unpaid debt, it's rare. A debt collector must go to court and get a judgment before it can place a lien on your home. There are limits and exemptions to how much of your home's equity a debt collector can claim.
An involuntary lien can occur without your knowledge, depending on the circumstances. A creditor often places a judgment lien after suing you and winning the case.
To do this, fill out an EJ-001 Abstract of Judgment form and take it to the clerk's office. After the clerk stamps it, record it at the County Recorder's Office in the county where the property is located. Place a lien on a business.
Enforcing Your Judgment Get in touch with the judgment debtor. Levy (seize) assets that you have personal knowledge of. Examine judgment debtor in court to locate unknown assets. Suspend the judgment debtor's driver's license if the judgment is for auto accident.
Most judgments (the court order saying what you're owed) expire in 10 years. This means you can't collect on it after 10 years. To avoid this, you can ask the court to renew it. A renewal lasts 10 years.
