Legal Question in Credit and Debt Law in California

Abstract of Judgement

My parents received an Abstract of Judgement citing that a lien had been recorded in my 40yr brother's name for $$ owed on a delinquent student loan dating back to when he was in his 20s (apparently the loan has still not been paid). My parents name was not on the loan. My brother never lived at the residence where my parents currently live (they have been estranged for years). Somewhere in paperwork documentation, my brother cited my parent's address as his residence (which it is not and has never been). My parents are concerned that the lien is on their 'real property' - namely their residence. Could you confirm whether a collection service law firm could attach a lien to property of the 'family'? Is there any way that the lien which is in my brother's name, but mailed to my parents house, could affect title to my parents house? How could I find out whether a lien is attached to my parent's real property? Thank you!


Asked on 8/18/08, 3:55 pm

3 Answers from Attorneys
Stanley Moerbeek The Law Offices of Stanley L Moerbeek

Re: Abstract of Judgement

I'd sure have a title company check to see if there is a recorded lien on their house. With paperwork so old who knows if your parents may have signed for the loan when their child was younger, or some other unknown activities may have taken place. If the abstract has attached to their property they need to see a lawyer right away.

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Answered on 8/18/08, 7:31 pm
David Gibbs The Gibbs Law Firm, APC

Re: Abstract of Judgement

The abstract of judgment can only attach to property actually owned by the judgment debtor named in the abstract. If your brother is not on title to the home, and has no ownership interest whatsoever in the home, then there is no risk. It was probably only sent to the home because it may be the last-known address they had, or as many attorneys do, they send it to every known address they have, and that would include an address stated on the loan application.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 8/18/08, 4:11 pm
Carl Starrett Law Offices of Carl H. Starrett II

Re: Abstract of Judgement

The abstract of judgment can only place a lien on real property held in the name of the judgment debtor. Your parents' address probably came up on a database search when the attorney's were looking for your brother.

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Answered on 8/18/08, 4:32 pm


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