Legal Question in Wills and Trusts in California

I have a lien on real property that is now in the hands of a Deputy Public Administrator,Health & Human Services Agency, County of San Diego, CA. I could become deceased before this property is even available to put on the market by the county.

What, if any, other options do I have to obtain satisfaction of the judgement lien before I die???

Thank you.


Asked on 8/11/11, 4:15 pm

1 Answer from Attorneys

By judgment lien I assume you mean you have filed an abstract of judgment in the county recorder's office. I'm also guessing that it is in the H&HS;Agency hands as part of a conservatorship. If so, your rights are not changed by the county taking control of the property. If the circumstances are not as I'm assuming, however, then you need to post more detail. If I am understanding the situation, then the next step is to go back to the court in which you obtained your judgment and ask for a writ of execution on the property you have identified. When the writ issues it is basically the same as an order for judicial foreclosure. You turn it over to the sheriff's office unit that handles foreclosures, evictions, process serving, etc., and they will hold an execution sale of the property. Bear in mind, however, that this only works if there is equity in the property.

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Answered on 8/11/11, 4:38 pm


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