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.
I forgot the second part of my question - on the form filed with the county by the law firm, it shows 0 interest being charged and gives a total amount of $5,000 for the debt and fees. Does this mean no interest will be charged later, or does the judgment "automatically" accrue interest until paid? Thank you to those that have answered, I really appreciate the information. I hope to settle some day, I just don't have the money right now.
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.
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 R. Daymude, Attorney at Law
Sherman Oaks Galleria – Comerica Bank Building
15303 Ventura Boulevard, Suite 900
Sherman Oaks, CA 91403-3199
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3 lawyers agree
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.
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