Legal Question in Real Estate Law in California
In Jan 26,2006 I quit claimed Vacant lot.New owner is now selling this lot for $40,000.But Child support office attached Judgement to this property on March 31,2006.Over 2 Months after the land was not in my name.Title company wants this clear and Child support office will not take it off.New owner has Loan lien for $38,000. and She is selling it for Only $40,000.My question is that how to take the Judgement off and if after paying loan lien balance goes to Child Support does this will clear the title or it will still stay on the title since whole amount for child support did not get paid?
Thank You!
Bob Manik
1 Answer from Attorneys
You must be leaving out some facts or have some facts wrong. A judgment lein cannot attach to property after you no longer own it except if the judgment creditor gets the transfer reversed, by a fraudulent conveyance action for example. I'm also not sure why this is your problem, since you are not the owner, not the seller, not the buyer, and you gave a quitclaim deed, not a grant deed, so you did not warrant marketable title. Did you sell the property when you quitclaimed it? Did the buyer who is now the seller obtain title insurance? There are just too many variables missing to answer your question.