If the debtor dies before levy, the creditor continues under the EJL to Sheriff's sale, what title rights are bought?

Question

They went to Sheriff's sale, a non-judgment creditor won the bid, and then that winning bidder filed a complaint to quiet title based upon the Sheriff's deed.  But the deed states it is transferring all the right, title and interest of the judgment debtors. 
 
Since my father was deceased prior to levy, but the second judgment debtor is listed as his "family trust," the purchaser argued "the trust" did not die, enforcement could continue under the Enforcement of Judgments law, and now the judge is claiming they bought "they property" and are entitled to a Quiet Title Judgment.  Could enforcement against "the trust" continue b/c it did not die like my father, and did such a Sheriff's deed convey any title rights to the purchaser?

Bruce Adrian Last · Answer

You question deals with two common misconceptions: 1) That a person's debts die with them (not true); and 2) A estate planning trust (a.k.a.living trust or revocable trust) protects property from the Trustor's (the person who set up the trust) debts (also, not true.) Although, a heir or beneficiary cannot be required to use their own funds pay a debt owed by a decedent,  unless they were a joint debtor or account holder. 
 
First off, you should know that debts do not die with the debtor, regardless of whether or not the deceased debtor's estate is handled by probate (will or no will) or trust administration. 
 
California law allows a creditor to seek to satisfy a debt, including a judgement lien, using the decedent's property. And, in both probate and trust administration the representative (executor, administrator or trustee) must notify and known or reasonably ascertainable creditors. The law generally provides a time period in which a creditor may make a claim, but does not terminate the claims. 
 
Moreover, the property in a Trustor's revocable living trust is generally available to satisfy the Trustor's debts. 
 
That being said, I would suggest that you have an attorney experienced in judgement collections and probate law review the matter. While the debt may be valid, there are certain procedural formalities that must be complied with. For example, as a general rule a debtor must substitute in the decedent's estate in place of the decedent prior to proceed with court action against the decedent. Also, the laws procedure regarding enforcement of judgements (particularly sales) is tricky. 
 
How this shakes out in your case will depend on a lot of factors, including how title to the property was held, who was the plaintiff on the underlying case, and all the pleadings of the enforcement action. 
 
I wish you the best of luck.

Q: If the debtor dies before levy, the creditor continues under the EJL to Sheriff's sale, what title rights are bought?