Legal Question in Real Estate Law in California

Abstract of Judgement

Trying to refinance our home. Title company found four judgements against our property, in my husband's name. We never received notice, nor do we have any idea what these judgements are for. The title co. was able to clear two of the judgements (corporate), but say they are unable to clear the other two (individuals). This is a case of mistaken identity. How do we clear these? The judgements were entered six years ago.


Asked on 8/10/11, 11:46 am

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

You might have an attorney go to court to set aside the judgments about which you never received notice or service of process. Take a look at California Code of Civil Procedure sections 473 and 473.5 regarding void judgments or relief from judgments. Then, the attorney could also file a suit to quiet title. This all might take a little time, however. The attorney might also contact the judgment creditors and attempt to short-circuit the process, perhaps providing your signature(s) if relevant to the issue. Good luck!

Read more
Answered on 8/10/11, 12:27 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. Cohen that you should speak to an attorney. An attorney is going to want to know if these judgments were recorded prior to you buying this property, and whether they were reflected in any title policy you obtained. It is also helpful to know whether these judgments are against you, or a prior owner, and whether the judgments are valid at all.

Read more
Answered on 8/10/11, 12:31 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California