Legal Question in Credit and Debt Law in California
judgment lien on real estate & non party owners rights
A lien was attached to real estate owned by joint tenants. One of which was not party to the judgment. No notification was given this person. What rights &/or recourse does this person have? This is in California.
2 Answers from Attorneys
Re: judgment lien on real estate & non party owners rights
What rights/recourse does WHAT person have? The joint tenant that is not the judgment debtor? If that's who you mean, then the answer is most likely "no rights/recourse". And that's because that person's joint interest in the property is not affected by the judgment.
Re: judgment lien on real estate & non party owners rights
I presume you are speaking of the right of the joint tenant who is not the judgment debtor. Other than putting pressure on the other joint tenant to pay the judgment, there is no action to take. The lien only attaches to the interest of the judgment debtor.
If you go to sell or refinance the property, the lien will need to be dealt with at that time. Repost your question then.
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