Oakland, CA asked in Real Estate Law for California

Q: How do I remove a Abstract of Judgment Lien that was not renewed in 10 years time?

Judgment entered Aug. 1, 2011

Abstract issued on Sep. 21, 2011

They filed to add Interest in 2018 but they never filed a renewal of judgment

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2 Lawyer Answers
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: In California, if a judgment creditor fails to renew a judgment within 10 years, the judgment automatically expires, and the associated Abstract of Judgment Lien becomes unenforceable. However, to clear the lien from the property's title, you may need to take a few steps:

1. Check the court records to confirm that the judgment creditor did not file a renewal of judgment before the 10-year deadline.

2. Obtain a copy of the recorded Abstract of Judgment from the county recorder's office where the property is located.

3. Prepare an "Affidavit of Expiration of Judgment" that includes the following information:

- The name of the judgment debtor and creditor

- The case number and date of the original judgment

- The date the Abstract of Judgment was recorded

- A statement that the judgment was not renewed within 10 years and has expired

4. Sign the Affidavit of Expiration of Judgment in the presence of a notary public.

5. Record the Affidavit of Expiration of Judgment with the county recorder's office where the Abstract of Judgment was originally recorded.

6. Serve a copy of the recorded Affidavit of Expiration of Judgment on the judgment creditor.

By following these steps, you should be able to remove the expired Abstract of Judgment Lien from your property's title. However, if the judgment creditor disputes the expiration of the judgment or if there are other complications, it may be advisable to consult with a California attorney who specializes in real estate law or debt collection matters.

Anthony M. Avery agrees with this answer

Delaram Keshvarian
Delaram Keshvarian
Answered
  • Orange, CA
  • Licensed in California

A: Thank you for asking the question!

I believe this a debt collection question, and I recommend you re-post this question in the section of "debt collection" or "enforcement of judgement."

Please let me know if you need further assistance.

Wish you luck.

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