Legal Question in Real Estate Law in California

Re: tax lien

You have a few options. If the lien is consentual (in other words, he signed and you recorded a deed of trust - pressumably as a part of your divorce settlement) then you can foreclose. In California, you can foreclose judicially (filing a lawsuit) or non-judicially (without court action). Non-judicial foreclosures are much more common, and less expensive. To start one, Attorney Nelson is correct in that you must record a notice of default. That being said, however, I have to caution you that with all the changes in the laws which govern foreclosure (attempts to slow the rising tide of residential foreclosures) there are a whole new batch of laws that govern what notices must be given, and in fact, before the Notice of Default can be recorded, you have to make an effort to contact your ex-husband and explain his "options" to bring the lien current then wait 30 days before filing the Notice of Default. See our website for a few articles about the new laws. It has become extremely hard for private lenders or lienholders (where the lien is consentual) to foreclose. Your best bet is actually to contact a title company to handle the foreclosure for you. If the lien is a judicial lien, then you need to consult an attorney to foreclose. There is an entirely different set of laws that govern foreclosure of those liens.

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Re: tax lien

to enforce a judgment [you likely have one if you have a lien], you must give proper notices of default, and foreclose with your lien. You'll likely need the help of a 'foreclosure' company or attorney.

If you don't have a judgment, you'll need to bring suit on the 'interest' you do have. Again, consult with counsel to see what can be done. You've given insufficient facts to enable a more specific answer, and you're going to need legal help doing these things.

Re: tax lien

To enforce a judgment [you likely have one if you have a lien], you can obtain a Writ of Execution from the court, and levy upon any bank accounts or other assets he has, including the house. If you have some kind of Trust Deed security interest in the property, you could give proper notices of default, and foreclose with your lien. If you don't have a judgment or Trust Deed, you'll need to bring suit on the 'interest' you do have.

You've given insufficient facts to enable a more specific answer, and you're going to need legal help doing these things. You'll likely need the help of a 'foreclosure' company or attorney.

Re: tax lien

To enforce a judgment [you likely have one if you have a lien], you can obtain a Writ of Execution from the court, and levy upon any bank accounts or other assets he has, including the house. If you have some kind of Trust Deed security interest in the property, you could give proper notices of default, and foreclose with your lien. If you don't have a judgment or Trust Deed, you'll need to bring suit on the 'interest' you do have.

You've given insufficient facts to enable a more specific answer, and you're going to need legal help doing these things. You'll likely need the help of a 'foreclosure' company or debt collection attorney.