Legal Question in Real Estate Law in California

real estate

i have a default judgement in my favor. that entitles me to real property, the judgement was awarded in 2004. the initial verbal contract was started in 1999. the losing party owes state taxes from years 2002 & 2003. this is whats holding up transfer of title.


Asked on 6/17/09, 1:37 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: real estate

I'm not quite sure what your question is, if any. Sounds lke you need to pay the taxes to get clear title in your name. Tax liens don't go away until the property is sold for taxes, and this could happen. My guess is that you need to pay the taxes. Whether you can recollect them from the losing party or not presents both legal and practical issues and my further guess is that you won't be able to recollect.

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Answered on 6/17/09, 2:20 pm
Terry A. Nelson Nelson & Lawless

Re: real estate

There is no 'hold up of transfer of title' because someone owes taxes, unless you are saying this is being done privately between you and the debtor, and the IRS has a tax lien. You can enforce your valid judgment by levying on the property and selling it. That will pay off the taxes, pre-existing mortgages and liens, and then you, as long as there is sufficient net equity in the property. If there isn't enough to pay you, then don't bother. If you don't know how to do this, hire someone that does.

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Answered on 6/17/09, 5:14 pm


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