Legal Question in Credit and Debt Law in California

Re: lein on realestate sale

You will have to get a judgment against the person. Then, to enforce the judgment, you record it with the county recorder which automatically becomes a lien against the property. It might be too late to do anything if the home is in escrow. If you act fast, perhaps the home won't sell for a while and you can get your ducks in a row.

Re: lein on realestate sale

if you have a judgment against your debtor here, then you need to obtain a writ of execution/abstract judgment of the the adjudicated claim. if you do not have a court judgment, you have a few legal options to EXPEDITE your claim, if the home is being sold right now. your best bet would be to retain an attorney to QUICKLY preserve your rights. contact us today if you would like such help.

Re: lein on realestate sale

You don't -- that is, unless (1) you have a judgment already in place, and an abstract of judgment issued and recorded timely with the Office of the County Recorder for the county in which your debtor resides; or (2) you were already granted a secured position by your debtor, and you recorded a Deed of Trust timely and in the correct county.

You cannot obtain an involuntary lien on real property merely because you are owed money. You must go through the court system to obtain a judgment and then perfect a lien. If this debt is 12 years old, and there has been no activity in that time, it is very likely that the statute of limitations has run, which bars your claim.

Additional facts may change the analysis.