Legal Question in Real Estate Law in California
Abstract Judgment Inquiry (Liens)
My husband and I filed an adverse possession claim in 2005. After the depositions, the defendant wanted to settle. We asked our attorney to make sure there were no liens on the property and he stated there were none and actually checked his computer while we were in the office. We settled and when we attempted to refinance, our realtor discovered liens on the property. Our attorney seemed surprised but it is now beyond the point. The defendant left the country and we have not paid anything settlement wise because we can't refinance. Now, one of the major liens is an abstract judgment, which was entered with the court on June xx, 1998 and recorded on the property on August xx, 1998. No one has attempted to collect or even establish contact with us. We did transfer the title in our name in 2005 and that is all that has been done. Now, I need to know if the statue of limitations has passed for the lien holder to collect? And, because the judgment was entered in June of 1998, can they attempt to renew the lien even though it�s past the 10 year mark? Also, what can I do if the time period has passed and get them off the title? The other liens are tax related and we will be negotiating them once this lien is off.
2 Answers from Attorneys
Re: Abstract Judgment Inquiry (Liens)
You need very, very thoughtful, well-researched and totally expert counsel on the subject of the attachment of liens, their priority, and the effect of the suit your brought in 2005. If the suit to establish your title by adverse possession were brought as a quiet title action, properly noticed through a lis pendens and proper language naming "all persons unknown" as defendants, your judgment may have wiped out many of these adverse claims. (If it wasn't properly pleaded, that could be malpractice.)
Further, some liens affect only the property owner's excess equity in the property, and if the owner loses his equity via adverse possession, the lien may not be enforcable against you even if it isn't expired, which these probably have.
The whole subject of priority, validity, survival and enforcement of liens is quite complex, and each one should be carefully analyzed by expert attorneys in that field. The average general practitioner, even if a self-described real estate specialist, may not have the requisite experience to give you the correct answer without billing you for more hours of research and education than you'd want to pay for, and the number of wrong opinions one sees out these is scary. To make matters worse, the foreclosure crisis is driving everyone in the field rapidly into an overworked-to-meltdown state.
Re: Abstract Judgment Inquiry (Liens)
I have experience litigating adverse possession, and if you do not have an attorney you may contact my office to discuss in more detail than I can post publicly.
Disclaimer: Nothing herein constitutes legal advice. No attorney client nor confidential relationship is created. You may not rely on attorney nor anything communicated unless and until an attorney-client relationship has been formed. Your issue may be time sensitive, requiring you to act immediately to prevent loss of your rights or harm to your interests.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
