Legal Question in Wills and Trusts in California

If a defendant with a money judgement against them is file in the county assessors office to create a lien againt any real property years later transferrs the real property out of their name to a family trust, how can that family trust be revoked?


Asked on 8/22/10, 11:11 pm

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

I can't understand your question from the way it is worded.

If a creditor obtains a money judgment, they perfect a lien by recording what is known as an abstract of judgment. Recordation of an abstract of judgment creates a lien that attaches automatically to any real property the judgment debtor owns, or later acquires without having satisfied the judgment.

If the judgment debtor transfers property out of their name, after the lien is recorded, and the lien is not satisfied, the lien follows the property and the judgment creditor can still look to the real property for satisfaction.

I can't fathom why the family trust should be revoked, or how that relates to the situation involving a judgment lien.

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Answered on 8/28/10, 12:39 pm

Mr. Roach is correct. There is no reason or basis to revoke the trust. The lien follows the property into the trust and can still be foreclosed on regardless of whether the trust or debtor holds legal title.

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Answered on 8/29/10, 5:01 pm


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