Legal Question in Real Estate Law in California

Re: Property Liens

I assume you're asking about real-property liens, but I'm mystified as to the kind of lien you have in mind, and where you hope to "file" the lien.

The types of involuntary liens that come to mind which can be filed (or recorded) affecting real property are a mechanic's lien, a judgment lien, and a tax lien. In addition, the property owner can create a voluntary lien by giving the property as collateral via a deed of trust or mortgage.

If you have a mechanic's lien in mind, because you are someone in the trade you should already know where to obtain a form and how to record it; but if you don't, perhaps start with your local trade association.

Tax liens can only be recorded by taxing authorities such as the Internal Revenue Service.

If you have a judgment against someone, you are entitled to prepare and record an Abstract of Judgment, Judicial Council Form EJ-001, available to download at www.courtinfo.ca.gov, then look at "forms" and "enforcement of judgment."

Please note that ordinary citizens are not allowed to go around recording liens against each other's property just because they think the property owner owes them money. The process starts with preparing, filing and serving a lawsuit. After a judge or jury expresses its agreement with you by awarding you money damages or other relief, then you can record an abstract based on that judgment.

Re: Property Liens

Real estate, personal property, what. For real estate you use a note and mortgage or trust deed. For personal property a UCC1. Both forms are available free all over the internet. If you don't know what you are doing, don't do it without legal assistance.