View Full Version : Judgment entered against defendant in 1998. Abstract of Judgment recorded 2001.
neilyoung_at_heart_2
Jul 21, 2010, 12:15 PM
Judgment against defendant entered more than 10 years ago. Abstract recorded and 10 years have lapsed. Judgment not renewed as required by law. So, judgment is barred by Statute of Limitations.
What action, if any, need be taken to remove the Abstract of Judgment from clouding title on real property?
neilyoung_at_heart_2
Jul 21, 2010, 12:21 PM
Code of Civil Procedure Section 697.310 governs the real property lien
Created by an abstract of judgment. You can view it at
CA Codes (ccp:697.310-697.410) (http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=697.310-697.410)
It states, in pertinent part:
"Unless the money judgment is satisfied or the judgment lien is
released, subject to Section 683.180 (renewal of judgment), a
judgment lien created under this section continues until 10 years
from the date of entry of the judgment."
And under Section 683.180, the only way to maintain your lien is by
Recording a certified copy of the application for renewal of the
Judgment. Otherwise the lien simply expires.
"If a judgment lien on an interest in real property has
been created pursuant to a money judgment and the judgment is
renewed pursuant to this article, the duration of the judgment lien
is extended until 10 years from the date of the filing of the
application for renewal if, before the expiration of the judgment
lien, a certified copy of the application for renewal is recorded
with the county recorder of the county where the real property
subject to the judgment lien is located."
CA Codes (ccp:683.110-683.220) (http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=683.110-683.220)
(you have to scroll down about 3/4 of the way down the page)
twinkiedooter
Jul 21, 2010, 05:21 PM
Code of Civil Procedure Section 697.310 governs the real property lien
created by an abstract of judgment. You can view it at
CA Codes (ccp:697.310-697.410) (http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=697.310-697.410)
It states, in pertinent part:
"Unless the money judgment is satisfied or the judgment lien is
released, subject to Section 683.180 (renewal of judgment), a
judgment lien created under this section continues until 10 years
from the date of entry of the judgment."
And under Section 683.180, the only way to maintain your lien is by
recording a certified copy of the application for renewal of the
judgment. Otherwise the lien simply expires.
"If a judgment lien on an interest in real property has
been created pursuant to a money judgment and the judgment is
renewed pursuant to this article, the duration of the judgment lien
is extended until 10 years from the date of the filing of the
application for renewal if, before the expiration of the judgment
lien, a certified copy of the application for renewal is recorded
with the county recorder of the county where the real property
subject to the judgment lien is located."
CA Codes (ccp:683.110-683.220) (http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=683.110-683.220)
(you have to scroll down about 3/4 of the way down the page)
So what is your point of coming on here, asking a question and then answering yourself? Is it to prove to someone that you are smart or something?
I'm really baffled on this one guys.
Fr_Chuck
Jul 21, 2010, 05:24 PM
Well and if I understand or misunderstood, he asked about Tennessee and gave California code??
neilyoung_at_heart_2
Jul 22, 2010, 10:13 AM
Google Answers: Removing Recorded Judgment Lien in California after 10 years - Lawyers only (http://answers.google.com/answers/threadview/id/732080.html)
Reveals the nuance.
neilyoung_at_heart_2
Jul 22, 2010, 12:32 PM
twinkiedooter:
I know I am smart.
This site is dangerous IMO.
JudyKayTee
Jul 23, 2010, 07:54 AM
What's with this guy? There's computer access at the institution?
Ridiculous and time wasting - claims 40 years as an Attorney.
Move to a discussion site or close or simply delete - all comes out the same.
sideoutshu
Jul 23, 2010, 10:20 AM
What's with this guy? There's computer access at the institution?
Ridiculous and time wasting - claims 40 years as an Attorney.
Move to a discussion site or close or simply delete - all comes out the same.
If he has 40+ years as an attorney, he probably isn't surfing the internet. The guys at my firm that age have to have secretaries open their email for them.
LisaB4657
Jul 23, 2010, 10:29 AM
If he has 40+ years of experience as an attorney then he would know that asking a title company what they would require in order to issue a policy insuring clear title would be the best answer to his question rather than mining the Code of Civil Procedure. That type of knowledge (knowing where to go to get the best answer to your question) is what comes with experience.