Legal Question in Real Estate Law in California

Re: Abstract of Judgement

The creditor placed the lien on the name, not the property. If you have the same name as the judgment debtor, you could have the creditor sign a declaration distinguishing you from the debtor indicating that you are not the one liable for the debt, and get a court order clarifying the abstract of judgment to distinguish you from the judgment debtor. Then you could record this document with the court. The judgment creditor has a legal obligation to make sure your property is not encumbered by this abstract. If the judgment creditor refuses to work with you, you could sue him for slander of title.

Re: Abstract of Judgement

The first question that I would have is who is telling you that the lien is on your property, simply because the name is the same on the abstract of judgment. When I prepare abstracts of judgment, I put in as much identifying information about the judgment debtor as possible, to prevent any adverse affect on innocent third parties with the same name.

With that said, the judgment creditor should be able to work with you to insure that any title company understands that the abstract of judgment is not against you, but someone else with the same name.

If you are having problems, despite this, then you may need to see an attorney.

Very truly yours,

Re: Abstract of Judgement

Abstracts of judgment are filed with the county recorder, and are name-specific, not property-specific. If the judgment creditor knows the social security number or the drivers license number of the judgment debtor, that information is supposed to show on the recorded abstract and if present should be enough to distinguish between two people living in the same county with the same name.

I don't really recommend trying to go to court to get a court order; this is your last resort, and in my experience takes too long and costs too much. The easiest approach is to get the judgment creditor to record an amended abstract of judgment containing some of the additional identifying information that will distinguish you from the debtor.