Legal Question in Real Estate Law in California

Re: Abstract of Judgement to Title of Real Property

you are correct

Re: Abstract of Judgement to Title of Real Property

I agree with Mr. Koury; you are essentially correct.

An abstract of judgment means that someone ostensibly sued your aunt and received a judgment. Once the judgment is entered, the judgment creditor can record an Abstract of Judgment. That recordation creates a lien against any real property owned by the judgment debtor located in the county in which the abstract is recorded.

Your aunt needs to understand that the lien against her share of the property is not an "attachment" based on any security interest granted in the credit card agreement. Rather, the lien created by recordation of the abstract is a judgment lien, and will encumber the property until satisfied by payment, or removed through successful efforts to vacate the judgment.

If your aunt had no notice of litigation on the credit card debt, she needs to seek relief from the judgment. If she knew of the litigation and just ignored it, then she probably needs to pay the judgment and demand, from the judgment creditor, an Acknowledgment of Satisfaction of Judgment. Once recorded, the Acknowledgment will cancel the lien created by the Abstract of Judgment.

Let me know if I can be of further help, and now let me give the disclaimer -

The foregoing information is provided as an accommodation only, and can not be construed as legal advice based on a comprehensive review of all relevant facts and documents. Further, provision of the foregoing information shall not be construed to create and attorney-client relationship.

Best of luck,

TWN