Legal Question in Civil Litigation in California

An assignment of interest, as far as I know, merely transfers ownership of an interest to someone else. How is that going to have an effect on her property? All you have is a note showing a debt. You need to file suit and get a judgment [4 years statute of limitations on a written note], then file a copy of the judgment where ever she has property so that it acts as a lien that must be paid. If the note is related to the property, you can file a notice of action against the property interest, a lis pendes.

You heard a lot of things that aren't accurate. Unless you have a properly recorded 'security interest' in the property, like a Trust Deed, you can not place a lien on it, and she is free to sell or transfer it any time. You need to file suit before the statute of limitations runs out, try to settle the case or go on to get a judgment, and then record that judgment, hoping to do so before the property is sold. If serious about getting legal help in doing this right, feel free to contact me.

My colleagues are right that what you have heard is just wrong. However, if you have a simple note collection case, you can very likely get a writ of attachment on the property shortly after filing suit, that would prevent selling or refinancing the property while the suit goes forward, and would allow you to collect against the property more quickly after you obtain a judgment. If you would like to consult with me about how to get this done, please give me a call.