Abstract Judgment filed in CA against property

I had filed a Homestead Declaration for my primary residence, and after that time a credit card co. has filed an abstract judgment against my property. I have little to no equity in my property anyway, but I was under the impression if there is no equity or at least up to the exempt amount, that a judgment would not/should not attach to my property. I'm confused obviously about the process.

Palm Springs, CA -

Attorney Answers (3)

Michael Raymond Daymude

Michael Raymond Daymude

Bankruptcy Attorney - Sherman Oaks, CA

I agree with Mr. Steingraber’s comments but think I should point out that the homestead exemption is only applicable when a sale of the property takes place. The lien is good against the property in the circumstance of a refinance. You will not be able to refinance without satisfying the lien, irrespective of your homestead exemption.

-- Michael

Michael R. Daymude, Attorney at Law
Sherman Oaks Galleria – Comerica Bank Building
15303 Ventura Boulevard, Suite 900
Sherman Oaks, CA 91403-3199
(818) 971-9409

SINCE 1974. My answers are for general information only. They are not legal advice. Answers assume California law.... more
Stuart Gregory Steingraber

Stuart Gregory Steingraber

Bankruptcy Attorney - Corona, CA

The Declaration of Homestead does not prevent recordation of involuntary liens, instead it formally announces that those liens do not attach unless and until your homestead exemption is satisfied first. In your case, the issue is moot because you have little or no equity anyway. If you file BK later on, be sure to file a motion to avoid the judgment lien otherwise, it will survive the BK and may come back to haunt you if your home increases in value sufficiently.

Filemon Kevin Samson

Filemon Kevin Samson

Bankruptcy Attorney - Orange, CA

Obtaining an abstract of judgment is a preliminary step to securing a lien against property. If you intend to file bankruptcy, and a judgment lien is issued before you are able to file, you may need to file a Motion to Avoid Judgment Lien in the Bankruptcy Court.
You may want to ask some of the litigation attorneys about the process for obtaining, or defending against, a lien against your property in litigation. I have re-categorized your question to include Litigation.

Note: The statements or comments provided herein are for general information purposes only and do not constitute... more

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