Legal Question in Real Estate Law in California
Lien Against Home Deed
How do I file a lien for money owed against a private property owner's deed of trust? Form needed and source?
2 Answers from Attorneys
Re: Lien Against Home Deed
First you need to obtain a judgment.
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Re: Lien Against Home Deed
Unless the debtor voluntarily gave you some type of lien, you would first need to sue and obtain a money judgment. After that, you could use various judgment enforcement methods to create the liens that you desire.
Obtaining an Abstract of Judgment and filing it with the county recorder's office will creat a lien on real property owned by the debtor.
You mentioned a deed of trust. If the debtor is owed money under a promissory note secured by a deed of trust, you can place a lien on those funds and have them applied to the judgment rather than going to the judgment debtor. You would need a writ of exeuction and give written instructions to the Sheriff on where to serve the levy.