My question involves real estate located in the State of: CA
I won a small claims lawsuit against an individual. Let's just say this person's name is Jennifer Mary Jones (made up). She owns a home in San Diego county.
I submitted an Abstract of Justice to the court, got it approved, and then filed it with the County Recorder. The way it was explained to me from the recorder is the lien is on the person, not the property (when that person sells or refinances any property they may own in S.D. County, my lien will be paid). (she only owns one home)
About one month prior to my filing of the A of J with the recorder, the defendant filed a Quitclaim Deed quitclaiming the property from her to her trust. The Deed reads like this:
Jennifer M. Jones...... does hereby remise, release and forever quitclaim to Jennifer Mary Jones, Trustee of the Trust of Jen Mary Jones dated....
My questions are: Is my lien still valid for this particular property? Can I still collect if she sells/refinances given that my judgment and lien are against her as an individual and not her trust? If not, can I file a new Abstract of Judgment with the court naming "Jennifer Mary Jones, Trustee of the Trust of Jen Mary Jones" as the judgment debtor? Any other advice please? Thanks.
I won a small claims lawsuit against an individual. Let's just say this person's name is Jennifer Mary Jones (made up). She owns a home in San Diego county.
I submitted an Abstract of Justice to the court, got it approved, and then filed it with the County Recorder. The way it was explained to me from the recorder is the lien is on the person, not the property (when that person sells or refinances any property they may own in S.D. County, my lien will be paid). (she only owns one home)
About one month prior to my filing of the A of J with the recorder, the defendant filed a Quitclaim Deed quitclaiming the property from her to her trust. The Deed reads like this:
Jennifer M. Jones...... does hereby remise, release and forever quitclaim to Jennifer Mary Jones, Trustee of the Trust of Jen Mary Jones dated....
My questions are: Is my lien still valid for this particular property? Can I still collect if she sells/refinances given that my judgment and lien are against her as an individual and not her trust? If not, can I file a new Abstract of Judgment with the court naming "Jennifer Mary Jones, Trustee of the Trust of Jen Mary Jones" as the judgment debtor? Any other advice please? Thanks.
Liens and Encumbrances: A Lien from a Judgment Against an Individual but the House is Owned by Their Trust
0 commentaires:
Enregistrer un commentaire