Judgment Lien Forms With Miniatures In Oakland
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FAQ
You cannot just place a lien on the home unless you have a legal basis to do so and you would have to sue and obtain a judgment, to do so.
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.
Liens generally follow the "first in time, first in right" rule, which says that whichever lien is recorded first in the land records has higher priority than later recorded liens. For example, a mortgage has priority over a judgment lien if the lender records it before the judgment creditor records its lien.
In general, the rule in California is that the first to record is the first to have priority. That means that whoever records their lien with the county recorder's office first has priority over subsequently recorded liens by other banks and lien holders.
(1) Unless subsection (2) or (3) applies, a judgment lien expires 5 years after the date it is recorded.
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.
In all cases, the recorded Claim of Lien has a one-year life span; meaning that a lawsuit to enforce or foreclose the lien must be filed within one year after the date the Claim of Lien is recorded. If no lawsuit is filed within the one year, the lien claim dies.
Sec. 2809. (1) Unless subsection (2) or (3) applies, a judgment lien expires 5 years after the date it is recorded. (2) Unless subsection (3) applies, if a judgment lien is rerecorded under subsection (4), the judgment lien expires 5 years after the date it is rerecorded.
Creditors typically acquire property liens through your voluntary consent. On the other hand, creditors get judgment liens after winning a lawsuit against you for a debt you owe.
