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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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 legal advice as to any particular individual or instance. Samson & Associates does not represent you until a written fee agreement has been signed by you and a representative of Samson & Associates, and all fees listed in the agreement have been paid.