Legal Question in Real Estate Law in California

Hi I have a question regarding judgement liens. My mom used to own the house I now live in. I bought it from her a while ago but since I did not qualify for financing she let me keep her loan and I just made the payments. We filed a quitclaim deed at the county recorder that says she gifted the property to me. Since then she has received a judgement against her. Does/ can this judgement turn into a lien on my property? She owns another home too but I just want to know if it can affect me. If it does affect me do I have any options to remove it?


Asked on 6/21/11, 5:34 pm

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

A judgment lien is perfected on real property by the recordation of an abstract of judgment. If the transfer to you occurred prior to the judgment, no liens will automatically attach.

With that said, however, it is important to point out that your mother's transfer to you in anticipation of a lawsuit may trigger application of the California's Fraudulent Transfer Act.

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Answered on 6/22/11, 10:35 am

I agree with Mr. Roach that if the quitclaim occurred before the judgment, the judgment will not attach to the property. I am not sure if I agree that there is a Fraudulent Transfer Act issue, because your question contains contradictions. If she "gifted" it to you, then it was a fraudulent transfer and the judgment creditor will be able to set the quitclaim deed aside and come after the property. If she sold it to you for fair market value, then it is not a fraudulent transfer.

What I see as a concern is that as all this starts sorting itself out, the lender will get wind that she no longer owns the house. That will trigger a due on sale clause for the mortgage. So you better find financing of your own right away.

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Answered on 6/22/11, 12:58 pm


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