Judgment Lien On Personal Property With Mortgage In Santa Clara

State:
Multi-State
County:
Santa Clara
Control #:
US-0025LTR
Format:
Word; 
Rich Text
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Description

This form is a sample letter in Word format covering the subject matter of the title of the form.

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FAQ

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.

Exemption from the Enforcement of Judgments Type of PropertyCode Automobiles, Trucks, and other motor vehicles, including proceeds traced to the sale of the vehicle. CCP § 704.010 Art and Heirlooms & Jewelry CCP § 704.040 Relocation Benefits CCP § 704.180 Health Insurance Benefits and Disability Insurance Benefits CCP § 704.13027 more rows

The following kinds of personal property are exempt from debt collection and cannot be seized: Household goods, like furniture, clothing, and appliances. Medical equipment, such as a wheelchair. One television, one radio, one computer and one cell phone.

Here are the California System 1 property exemptions: The Homestead Exemption protects up to $600,000 in your principal residence, which could be a home, boat, condo, or even a planned development. The Motor Vehicle Exemption protects up to $3,625 of equity in your car or other vehicle.

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.

File an Abstract of Judgment after Winning a Lawsuit Any time you win a lawsuit, you can put a lien on the defendant's real estate by recording an Abstract of Judgment in the Recorder's Office of the county where the real estate is located.

Ing to California State Law, documents can only be viewed in the Clerk Recorder office. You will be able to view the images of recorded documents involving your name to find out if a lien has been placed against you or if a recorded lien has been released.

The following kinds of personal property are exempt from debt collection and cannot be seized: Household goods, like furniture, clothing, and appliances. Medical equipment, such as a wheelchair. One television, one radio, one computer and one cell phone.

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.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. A judgment lien affects real estate you own in the county where the creditor records the lien, or where the court enters the judgment. Once you have a judgment you can file it in the county where the property is located and that will create a lien. If your equity is below the homestead declaration protected amount party desiring to collect cannot record a lien, or it has to be removed. In California property owners usually are not personally liable for the payment of real property taxes. For example, if you fail to pay a debt, the creditor can sue you in court.

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Judgment Lien On Personal Property With Mortgage In Santa Clara