Legal Question in Real Estate Law in California

1. Yes.

2. Do you mean (a) his expenses, or (b) yours? As to (a), I don't know, he will probably have to pay the levying officer, and maybe a lawyer. As to (b), none that I can think of,

3. A Ch. 7 would provide temporary protection (a few weeks, maybe); a Ch. 13, if you qualify, might allow you to pay the creditors over time and thus keep the property. You'd have to discuss your income and debts with a bankruptcy lawyer.

4. No, at least not in general. You get 120 days prior notice and that is deemed an adequate substitute for the former right of redemption, which was repealed,

5. Yes, you get the so-called automatic homestead exemption and also the declared homestead if it was recorded prior to the abstract of judgment and you still qualify for it.

6. A declared homestead provides an exemption of $50,000 usually; there are higher amounts ($75,000 or $150,000) based on age, disability, dependent family members, etc. but $125k is not currently one of the numbers mentioned in the law, which is Code of Civil Procedure section 704.730.

7. There are two kinds, automatic and declared, the latter requiring you to fill out and record a form (declaration). The protections afforded by the two are somewhat different and only partially overlapping, and incomplete. You are better off in most cases to have recorded a declared homestead, but the protection of both homesteads has many limitations.

8. I do not know of any "safe harbor" ways to prove this. Although there may be one, ultimately if challenged on the issue, it may come down to presenting your evidence of residency to a jury, and letting it decide whether it believes you or the creditor who is claiming that it isn't your residence.

9. Since there is no official body like the Bar Association certifying people as "experts" in this area, expertise is a matter of self-proclamation. I'd ask for references if you decide to look for, e.g., a bankruptcy lawyer.

10. No. Since unpaid judgments accrue 10% interest, a lot of judgment creditors are sitting on their "investments," waiting for the real-estate market to recover. Where else can they make 10% these days?

11. I think not, but I'm researching this and will get back to you.

12. In brief, the creditor fills out a writ of attachment form, has the court clerk "issue" it (i.e., check to see in the debt exists, collect a fee, and stamp the writ), then has a levying officer or registered process server deliver it to a bank officer.

The answer to #11 is yes. If the first deed of trust was recorded before the abstract of judgment, the buyer at foreclosure of the 1st D/T will take free and clear of the judgment lien. So, it is "wiped out" with respect to that property (unless, of course, there are sufficent funds produced by the foreclosure sale to satisfy the foreclosed obligation and the judgment lien as well, which obviously is unlikely). However, the judgment lien is not specific to any one property, so unlike a 2nd D/T which usually applies to a single property, the judgment lien continues in effect as to any other property the debtor owns in the county or counties where the abstract of judgment was recorded.