Legal Question in Real Estate Law in California
Abstract of Judgment/Lien/Quitclaim Deed
Hello, I purchased a home in Los Angeles county with my spouse and son (in order to qualify for the loan) in 1997. In 2000 an abstract of judgment was filed against my son, and presumably a lien was placed on my property. My son filed a quitclaim deed in 2007 giving up his share of the home to my spouse and I. I would now like to get a home equity loan. Is there still a lien on my property even though my son is no longer on the title? Thanks.
2 Answers from Attorneys
Re: Abstract of Judgment/Lien/Quitclaim Deed
Yes. Your son should have defended the lawsuit, filed BK, or paid the judgment before recordation of the abstract. Now you are SOL.
Re: Abstract of Judgment/Lien/Quitclaim Deed
Yes and no. You can't shake off a lien by quitclaiming to someone. If this were possible, liens would come off as easily as water from the back of a shaking dog. Everyone would be quitclaiming to straw men like fathers, brothers-in-law, uncles, business associates, and so on.
HOWEVER, and this is important, the lien affects ONLY the interest your son held at the time the lien attached. If he was a 1/2 owner, or perhaps a 1/3 owner, the lien affects only that part interest, and the part you and your spouse owned is (probably and usually, at least) unencumbered by the lien of the abstract of judgment.
So, probably, there is still a lien, but it affects only what your son owned at the time the lien was recorded. That still makes it a BIG issue for lenders - it substantially reduces your equity, maybe to nothing.
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