This form is a sample letter in Word format covering the subject matter of the title of the form.
Judgement Lien On My Property In Oakland
Category:
State:
Multi-State
County:
Oakland
Control #:
US-0025LTR
Format:
Word;
Rich Text
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Description
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FAQ
Lien Release: After a lien has been filed, the California claimant can release or cancel the lien by filing a Mechanics Lien Release form with the county recorder's office where the lien was originally recorded.
If you put liens on the other side's property, you or the other side must remove them. To remove a lien, file a certified copy of the Acknowledgment of Satisfaction of Judgment (form EJ-100) with each county recorder's office where you put the lien on their property.
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.
Here are a few ways to remove the lien: Invalidate the lien. If the lien is invalid or was obtained in a manner that doesn't follow the procedural requirements under the law, an attorney may be able to strip the lien from the property. Satisfy the debt. Negotiate a lower payoff. File for bankruptcy.
Once a Notice of State Tax Lien is recorded or filed against you, the lien: Becomes public record. Attaches to any California real or personal property you currently own or may acquire in the future. Is effective for at least 10 years (may be extended)
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.
Options Invalidate the lien. If the lien is invalid or was obtained in a manner that doesn't follow the procedural requirements under the law, an attorney may be able to strip the lien from the property. Satisfy the debt. This is the simplest way to have the lien cleared. Negotiate a lower payoff. File for bankruptcy.
In other words, in California judgments expire 10 years from the date they are entered by the court. Upon expiration of the 10-year period, all enforcement procedures must cease; any liens based upon the judgment are automatically extinguished.
A lien expires 10 years from the date of recording or filing, unless we extend it. If we extend the lien, we will send a new Notice of State Tax Lien and record or file it with the county recorder or California Secretary of State. We will not release expired liens.
More info
You can put a lien on that property so that if they ever sell or refinance the property you might get paid. To do this, you first need an Abstract of Judgment.Take the Abstract of Judgment and a copy to the county recorder's office in the county where you think the debtor owns real estate. There is a recording fee. You must record the Release of Liens with the County of Alameda Recorder's Office at 1106 Madison St., Oakland, CA 94607, to remove them from the property. Once you have a judgment entered, you need to fill out the abstract of judgment form. In California, if you're the person owed money (the creditor), you can place a judgment lien on the debtor's real estate or personal property. For all other enforcement of judgment actions, i.e. , bank levy, automobile levy, property seizure; use the Claim of Exemption (Enforcement of Judgment) form. They will have to pay the judgment or fill out the Statement of Assets and mail it to you.
