Legal Question in Real Estate Law in California

Re: Lien Against My Property filed against my Roommate

As long as your roommate is not on title to the property, the lien does not affect the property. The lien was filed in his name and only attaches to property belonging to the roommate.

Re: Lien Against My Property filed against my Roommate

As long as your roommate is not on title to the property, the lien does not affect the property. The lien was filed in your roommate's name and only attaches to property belonging to the roommate.

Re: Lien Against My Property filed against my Roommate

If the lien was filed it is valid. The issue really is whether the lien is legally proper. Anyone can file a lien against the property of another.

What you are going need to do is to file a lawsuit to expunge the lien on the basis that it is an improper Lis Pendens lien against your property.

I would first call the creditor, explain the situation to him, and if necessary provide him with a copy of your deed to prove that the bankrupt roommate does not hold title to the property.

If that does not work, give me a call at 818-427-6246.

Re: Lien Against My Property filed against my Roommate

Depending on the document that was recorded with the county recorder's office, you may have a cause of action against the creditor for slander of title.

There are various statutes that allow you to clear your title first, by simply demanding that the party clear your title. If the "lien" that you refer to is an abstract of judgment against your roommate, then the "lien" does not attach to your property, and as one of the other attorney's noted, only attaches to property owned by your roommate. If this "lien" is an abstract of judgment naming you as the judgment debtor, you have bigger problems, because then the "lien" attaches to your property.

If you do nothing, and go to sell your property, a title company may require you to "bond" around the lien if it is not cleared and it attaches to your property. You should probably speak to an attorney knowledgeable in this area of the law.

It is hard to tell you exactly what you need at this point. There are many different types of documents that can be recorded that constitute a "lien." These documents include, but are not limited to mechanic's liens, tax liens, abstracts of judgment, deeds of trust, and even a lis pendens (statutorily known as a notice of pending action.)

If you want, send me an e-mail and I will explain the mechanics to you for free if you give me more facts.

Very truly yours,

Re: Lien Against My Property filed against my Roommate

I can't imagine how. You should have the lien removed. Let us know if would like our help.