Legal Question in Real Estate Law in California

Re: Abstract of Judgement

It's not the abstract but the underlying judgment. In CA, a judgment can last 10 years, and can be renewed. There are certain procedures that must be followed to renew the judgment. If it has expired without renewal, you should be able to refinance or sell your property. It might take a little digging on the escrow company's part, but a good escrow company should be able to work with you to clean up any old liens. Good luck to you.

Re: Abstract of Judgement

To add a bit to the previous answer, neither the judgment nor the abstract is an absolute barrier to selling or refinancing. A sale would require satisfying the judgment, and a refinancing would require the lender to subordinate to the lien of the judgment. Whether this is practical depends upon the relative size of the judgment, the probability that it will be enforced, time until it expires, and maybe other factors, including your attitude toward the judgment creditor and your desire to clean up your credit report.

Re: Abstract of Judgement

Judgments are good for 10 years, but can be renewed. If the judgment expired, and the abstract remains on title, you should demand the creditor to release the abstract or you may have to file a motion with the court. Lenders generally do not conduct their own analysis as to whether the abstracts are valid or not - lenders just want them off title.