Judgment Lien Foreclosure In Pima
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If they are not timely renewed, they expire. In CA that is 10 years. However, when a judgment lien has been recorded against your property, it has no expiration date. This means that it is possible to no longer have a judgment against you, but still have a judgment lien on your property.
Following a first mortgage foreclosure, all junior liens (including a second mortgage and any junior judgment liens) are extinguished, and the liens are removed from the property's title.
How does a creditor go about getting a judgment lien in Arizona? To attach the lien, the creditor files and records a judgment with the county recorder in any Arizona county where the debtor owns property now or where they may own property in the future.
A Judgment is enforceable for ten (10) years from date of Judgment. The Judgment may be renewed prior to the expiration of the Judgment date for an additional ten (10) years. The Judgment belongs to you, the Judgment Creditor. You may or may not collect.
Judgments in Arizona must be renewed every ten years. When a judgment creditor fails to properly renew, the result is the inability to enforce the judgment through a writ of execution or other process.
Writ of Garnishment is often referred to as garnishing a debtor's wages. A written notice is served to both the debtor and the debtor's employer or financial institution. There is a limit to the amount that can be garnished from the debtor's wages and the first $150 cannot be taken from the debtor's bank account.
A certified copy of the judgment of any court in this state may be filed and recorded in the office of the county recorder in each county where the judgment creditor desires the judgment to become a lien on the real property of the judgment debtor.
The first step to filing a mechanics lien is to record a Notice and Claim of Lien within 60 days after the property owner has recorded a Notice of Completion. If a notice has not been recorded, however, you will have 120 days after the completion of the project to record the claim.
ARS § 12-1551(A). A judgment may be renewed by “taking action on the judgment.” ARS § 12-1611. A judgment may also be renewed by filing with the clerk of the proper court a renewal affidavit within ninety (90) days preceding expiration of the ten-year period.
And some states also allow judgment liens on the debtor's personal property -- things like jewelry, art, antiques, and other valuables. In Arizona, a judgment lien can be attached to real estate only (meaning a house or similar property).
