Ask Experts Questions for FREE Help !
Ask
    neilyoung_at_heart_2's Avatar
    neilyoung_at_heart_2 Posts: 14, Reputation: -1
    New Member
     
    #1

    Jul 21, 2010, 12:15 PM
    Judgment entered against defendant in 1998. Abstract of Judgment recorded 2001.
    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's Avatar
    neilyoung_at_heart_2 Posts: 14, Reputation: -1
    New Member
     
    #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)
    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)
    (you have to scroll down about 3/4 of the way down the page)
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
    Uber Member
     
    #3

    Jul 21, 2010, 05:21 PM
    Quote Originally Posted by neilyoung_at_heart_2 View Post
    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)
    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)
    (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's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #4

    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's Avatar
    neilyoung_at_heart_2 Posts: 14, Reputation: -1
    New Member
     
    #5

    Jul 22, 2010, 10:13 AM

    Google Answers: Removing Recorded Judgment Lien in California after 10 years - Lawyers only

    Reveals the nuance.
    neilyoung_at_heart_2's Avatar
    neilyoung_at_heart_2 Posts: 14, Reputation: -1
    New Member
     
    #6

    Jul 22, 2010, 12:32 PM

    twinkiedooter:

    I know I am smart.

    This site is dangerous IMO.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #7

    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's Avatar
    sideoutshu Posts: 225, Reputation: 23
    Full Member
     
    #8

    Jul 23, 2010, 10:20 AM
    Quote Originally Posted by JudyKayTee View Post
    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's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
    Expert
     
    #9

    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.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Right to appear in court before a default judgment is entered against me [ 3 Answers ]

Do I have the right to appear in court before a default judgment is entered against me

Judgment entered against me but pretty sure SOL has run [ 8 Answers ]

My boyfriend received a letter today that a judgment has been entered against him for a credit card debt. He ignored the previous letters and probably threw away the summons not realizing what it was (he has a lot of growing up to do obviously). However, the SOL in New York is 6 years and he...

Obtaining a Judgment on a debt that has a prior Judgment [ 1 Answers ]

Now I thought that you can't get another judgment on a debt if there is a prior judgment obtained back in July 2004 from Ohio. But the debtor moved to New York and they want to have an atty in New York place another judgment on the same debt. Don't they have to request an Exemplified Judgment...

Abstract of judgment [ 4 Answers ]

I received an "Abstract of Judgment" limited civil and a lien notice from the county recorders office . The recording was requested by a collection agency for credit card debt. Nothing in particular was mentioned as having a lien on it , just a lien notice. This came about from the collection...


View more questions Search