Judgment Lien Foreclosure In Santa Clara
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FAQ
For example, a mortgage has priority over a judgment lien if the lender records it before the judgment creditor records its lien.
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.
The judgment lien is not going to impact a homesteaded property so the mortgage lender would be able to obtain a first lien on your property. So, as long as you otherwise qualify for a mortgage, the judgment lien should not be a problem.
Judgements can become a first lien against a property. Lenders generally want to be first lien when it comes to mortgages. So yes, it will be deal breaker for most mortgage companies. I've seen mortgages get denied because of a $6000 judgement.
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.
Essentially, consensual liens don't adversely affect your credit as long as repayment terms are satisfied. Judgment and most statutory liens have a negative impact on your credit score and report, which affect your ability to obtain financing in the future.
If you have a debt judgment against you, you will not be able to obtain a mortgage until it is settled. Before you can close on escrow, you will have to settle the lien and show documentation for it.
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)
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.
