Legal Question in Real Estate Law in California

Re: How to foreclosure on a condominium

The small-claims judgment is probably against an individual, and not an "in rem" judgment against the property itself. I also assume it is a money judgment (that's about all a small-claims court can award).

At this point, your most obvious choice is to enforce the judgment. Ask your local small-claims adviser as to whether, and how, you can record an abstract of judgment. Also, consult one of the Nolo-type self-help law books covering small-claims procedure on how to collect.

There is a "one action rule" that prevents a second action on a claim after it has been adjudicated once. The small-claims action thus cuts off any direct and immediate action you might have had for a judicial foreclosure. A trustee's foreclosure is non-judicial, thus is not precluded, but I assume you're not holding a trust deed and therefore this won't help.

You can, however, bring future actions to enforce the judgment, probably including an action to foreclose the judgment lien against the defendant's real property in general.

This is a fairly technical area of law, and you may need to get a local lawyer's assistance in pursuing your objectives, which may be more to dispossess this owner than to collect the judgment.

Re: How to foreclosure on a condominium

A small claims court judgment would not prevent you from forclosing against the property. Normally, we can help you from the date of the judgmment forward. We always provide homeowner associations with free consultation. Please contact us at 714 363 0220. My staff can send you a booklet on collection procedures.