Legal Question in Real Estate Law in California

Re: Judgement Lein

If you have a judgment lien, you don't need a deficiency judgment. You already have a judgment, and further you couldn't seek another judgment or even try to enforce your existing judgment, other than in the bankruptcy proceeding.

I would suggest the following: (1) get a bankruptcy attorney who works for creditors; (2) if you don't want to do that, or want to get an idea if it's worthwhile, go to the bankruptcy court and ask the clerk to let you look at the file (and make copies of the relevant schedules). Make sure the debtor listed you in his papers as a creditor. You can also (3) go to the county recorder's office and try to figure out the sale economics, i.e., how many creditors were ahead of you and for how many bucks, versus the foreclosure results.

As a judgment creditor, you may be high enough up in the pecking order to get some money out of this if you timely file your claim in the bankruptcy proceeding.

I am not a bankruptcy practitioner and can't help you with the details.

Re: Judgement Lein

If a prior lienholder foreclosed, your lien is wiped out. If you have a valid lien, you must appear in the Chapter 7 as a secured creditor.

Re: Judgement Lein

Probably not. Once the house sells at a foreclosure sale, all junior liens are extinguished. The only remedy for a creditor is to seek a deficiency judgment. However, a chapter 7 bankruptcy would usually discharge this type of debt.