Judgments and Liens

Standard Types of Judgments and Liens

 

Judgments

Spousal, money, and/or child support judgments

  1. Money judgments have a duration of 10 years from the filing date of the judgment.
  2. Spousal/child support judgment durations will extend over the 10 years. Spousal support judgments are considered until released; child support liens can be considered up to 5 years after the child reaches the age of majority.
  3. Money judgments may be extended for an additional 10 years when a renewal of judgment is recorded within 10 years of the original date of entry of the judgment.
  4. The only judgment that has a duration of 20 years is one in favor of the United States of America, as a Federal Corporation.
  5. Escrow orders demands and full or partial satisfactions from the judgment creditor. The Title company pays the demands at the close of escrow.

Liens

Federal, State, and County tax liens, and EDD liens

  1. All the liens listed above have a duration of 10 years from the date recorded unless released.
  2. The lien can be continued for successive periods, with original priority maintained, by recording a re-filing notice before the original lien expires.
  3. Like judgments, these liens are blanket liens and attach themselves to ALL property belonging to the delinquent taxpayer.
  4. Escrow orders demands, the title company pays, the lienholder records the release.
  5. Escrow must have an IRS Power of Attorney form in order to obtain a demand.
  6. Title will not close without a demand on Federal and State tax liens.

 

Types of Liens That Attach to a Specific Property

Notice of Action (Lis Pendens), Mechanic’s liens, Substandard/Abatement liens, and Homeowner Association liens

  1. A Lis Pendens is a notice that a court action has been filed which affects the property. This document is also used to foreclose on a property under a Mechanic’s lien. This item has an unlimited duration and must be withdrawn or released.
  2. Mechanic’s liens are created when a contractor or subcontractor working on a specific property was not paid upon completion. The duration of a Mechanic’s lien is 90 days from the date recorded. The contractor may foreclose on the property that lien is recorded on, but he must commence the action within the 90 day period.
  3. Substandard liens are recorded by the city or county. They can be for weed abatement, hazardous substances or substandard dwellings. They have no fixed duration, and escrow must order a demand to see if money is owed.

D. Homeowner Association liens are recorded when a person is delinquent on their association dues. There is no fixed duration, and escrow must get demand.

I hope you found the article useful.  Give me a call if you have any questions.

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