Legal Question in Real Estate Law in California

Re: real estate

Well, first keep in mind that instruments affecting title such as deeds, mortgages, tax liens, judgments, reconveyances, easements, etc. just keep piling up, each new one on top of the others, with the bottom of the stack being a land grant from the King of Spain, or something like that. Rarely if ever is anything physically expunged from the records so that a name once on title no longer can be found. Thus, an abstract of a default judgment obtained (and properly recorded) in 2009 will sit on the top of the stack of older deeds, etc., affecting the results of a title search by showing the searcher the facts related in the abstract. The title searcher will also be able to see (if he or she keeps searching) all the other names and documents ever recorded since the colonization of the state.

So, the title searcher's conclusion as to who is now the record owner of the parcel, and what liens and other adverse claims may exist, will include the effect of the jusdgment on title. Thus, the wording of the abstract of judgment is important.

I cannot sit here and guess whether the documents of record on the parcel or parcels covered by your judgment amount to "marketable record title" in your name, or not. If you need marketable title in your name, your best bet is to talk to a title insurance company. They will do a title search for you (for a fee) and give you a report indicating the quality and insurability of your title. Then, you may need to get a lawyer to work with you on correcting any defects in your title, possibly requiring filing a quiet title suit and/or paying off tax or other liens that were not wiped out by your judgment.