How is a judgment lien created?
State law, as well as local practice, typically differs with respect to the creation of a judgment lien. However, the actual mechanics of creation of a judgment lien are usually similar. The judgment creditor first perfects the judgment and then tries to get the judgment debtor to “voluntarily” satisfy the judgment. If the judgment debtor fails to voluntarily satisfy the judgment, a judgment lien can be created against the judgment debtor’s property. To create a judgment lien against real property, the judgment creditor typically obtains an Abstract of Judgment from the court that issued the judgment. The Abstract of Judgment lists information about the judgment creditor, the judgment debtor and the amount of the judgment. The judgment creditor then records the Abstract of Judgment with the County Recorder in the county in which the judgment debtor owns real property. Usually the judgment lien is then satisfied from the sale proceeds when the judgment debtor sells the real property. In
Related Questions
- What happens when the escrow company or title company discovers a judgment lien or abstract recorded against an obligor who is buying, selling or refinancing a piece of real property?
- When the escrow company discovers the support lien or abstract of judgment recorded by DCSS, whom do they contact and what information do they need to request a "demand"?
- How can the Escrow or Title Companies avoid delay at the close of escrow, when they discover their client has a Judgment Lien filed by DCSS?
