Legal Question in Real Estate Law in California

Re: How to do a judicial foreclosure?

You do not do a judicial forelcosure. You obtain a Writ and have the Sheriff levy on it. Before that, you should file an abstract of judgment in each county where property is located. The procedure is complicated if the property is a dwelling house. You should follow the Code of Civil Procedure section with respect to the sale of a dwelling house. Please contact me if you need further assistance.

Re: How to do a judicial foreclosure?

Step one is to verify that the judgment debtor is the same legal entity as the property owner. You can't ordinarily use a judgment against Jones, Inc. to collect from Mr. Jones, ever if he owns 100% of the company.

If you clear that hurdle, the next step is to file an abstract of judgment in the county or counties where the real property is located.

You might want to try to find out about how much net equity the debtor has in each property, and whether he has filed homestead, etc.

At that point, if not sooner, I would recommend retaining a lawyer who has a lot of experience in collecting judgments. Judicial foreclosures are tricky and not necessarily appropriate collection tools. There are major issues as to whether to proceed against each property sequentially or in a single action.

If you handled the antecedent lawsuit in pro. per. and want to try to extend your lucky streak, visit a law library and read the pertinent parts of the Rutter and CEB practice manuals on California mortgage and deed of trust practice and on civil procedure after trial / enforcement of judgments.

The foreclosure rules and procedures are very protective of property owners and do not give a creditor leeway to make mistakes. I strongly suggest retaining not just a lawyer, but a tough collections specialist. It'll pay off.

Re: How to do a judicial foreclosure?

Get a Writ, file an abstract and then begin the procedure. But, most judges will not foreclose on a residence. There are other requirements and methods of collection. This is why contingent fees are high for collection attorneys.

JOEL SELIK Attorney at Law

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