Legal Question in Real Estate Law in California
I am a lein holder (by judgement) on a commercial property. There is a 1st and 2nd, the 2nd trust deed just recorded and sent nod, how does this effect me? Does this wipe me off at sale??
Asked on 3/02/11, 7:36 pm
1 Answer from Attorneys
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
The priority of liens is determined by the date of recording. If you recorded your judgment or an abstract of judgment before the 2nd D/T was recorded, the buyer at the sale will acquire the property subject to your lien. If you are junior in time of recording, you will either receive a full or partial payoff from the sale proceeds, or, more likely, nothing. However, you are not really wiped out; the sale just demonstrates that the building had no collateral value in the first place. You still have a judgment and perhaps other ways to enforce payment.
Answered on 3/03/11, 10:11 am