Legal Question in Real Estate Law in California

Re: Judgment originated in county other than county in which contract was signed

No. You are not correct. So long as a judgment has been entered against you in any county, an Abstract of Judgment (which perfects a lien on your real property) is valid in any county in which it is recorded. While there may be an issue concerning the proper county in which to bring the action, without looking at the documents your husband signed for the line of credit, it is impossible to know whether San Benito was the proper county in which to bring the action, because your husband may have signed a document which provided that San Benito was the proper forum for any disputes arising out of the transaction.

If you were never served with a summons and complaint, you may (at least for 6 months after entry of the default and default judgment) be able to have the judgment set aside, then challenge venue. If the judgment is set aside, you can have the lien evidenced by the Abstract of Judgment removed. However, if you were served with a summons and complaint from a court in San Benito County and simply did nothing, or if it has been more than 6 months since entry of judgment, you may have difficulty setting the judgment aside.

You really need to speak to an attorney in your area and have that attorney review the line of credit documents, check the court's records to determine when the judgment was entered, as well as what the proof of service of summons says.

Re: Judgment originated in county other than county in which contract was signed

Enough with the amateur legal research.

Call an attorney in your locality and make an appointment.