Legal Question in Real Estate Law in California

Abstract of Judgments against the wrong person

Am in the process of selling a home. When title company ran my name, they came up with 4 abstract of judgments, showning my name as an aka, however, the social security number, drivers license and addresses were not mine. Title company requires a release from said attorney's so I can close escrow. The companies and attorney's refuse. I am also in foreclosure and need to close my loan. Can I go into court EX PARTE to have these abstract of judgments set aside, if so, is there case law that I can obtain to substantiate my reasons for filing exparte?


Asked on 8/01/02, 10:08 pm

1 Answer from Attorneys
Martin Snitow

Re: Abstract of Judgments against the wrong person

Probably not. The title company should ask the judgment creditors for a demand for payment. If the creditors or their attorneys make such a demand without cause, you may have a legal claim against them. If there is enough equity, you may ask the title company to close the sale and keep in escrow enough money to pay the demands until a court decides whether the abstracts apply to you.

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Answered on 8/01/02, 11:47 pm


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