Legal Question in Real Estate Law in California
statute of limitations of judgment liens on real property
I am buying a piece of real property but the title report shows 2 judgments, one for $1500 docketed on August 15, 1992 and the other one for $2300 docketed on January 4, 1996. The owner tells me that the judgments are void because they are very old. Where in the California code can I find the statute of limitations for judgments against real property? These are not tax liens.
2 Answers from Attorneys
Re: statute of limitations of judgment liens on real property
California Code of Civil Procedure sections 683.020, 683.030 provide that a money judgment may be enforced for a period of ten (10) years from the date of its entry. However, California Code of Civil Procedure sections 683.120(b) and 683.150(a) permit an application to renew the judgment for an additional ten (10) years from the date the application is filed. Assuming that the judgments you are referring to were entered on August 15, 1992 and January 4, 1996 they would expire (unless renewed) on August 15, 2002, and January 4, 2006, respectively.
Because you used the term "docketed" in your posting, your title report may be referring to the dates on which Abstracts of Judgment were recorded, and not the date of entry of the judgments. You should obtain a copy of the documents referred to in the title report, from which you should be able to determine when the judgments were actually entered.
Remember, even if the judgments are close to expiring, the judgment creditor (the person who has the judgment) can still automatically renew those judgments for another ten (10) years.
Re: statute of limitations of judgment liens on real property
The judgments remain enforceable for at least ten years, and can be renewed for an additional ten years. The judgments should appear as an "exception" to your title insurance policy. Do not accept the exception; you probably bargained for clear title, and you won't have clear title until a satisfaction of judgment is recorded for both judgments.