Long Beach, CA asked in Civil Litigation, Collections, Foreclosure and Real Estate Law for California

Q: I acquired a California home by Sheriff Sale (collecting on a money judgment). The judgment stated "Said judgment...

shall have priority over any interest affecting title to the specific real property located in San Bernardino County, California, recorded after March 17, 2005 and is described as follows..."

There were other liens on the property from March 17, 2005 to the date of the Sheriff Sale Jan 10, 2018.

The former owners right of redemption has passed. Under 701.630. "If property is sold pursuant to this article, the lien under which it is sold, any liens subordinate thereto, and any state tax lien (as defined in Section 7162 of the Government Code) on the property sold are extinguished."

However, the Title Company is acting as if the junior liens were not extinguished and says we need to do a Quiet Title Action for our buyer to get clean title.

How do I avoid a Quiet Title Action and get the Title Company to issue a title policy to my buyer?

1 Lawyer Answer
Louis George Fazzi
Louis George Fazzi
  • Jess Ranch, CA
  • Licensed in California

A: Your question shows why it is necessary to retain the services of a good lawyer. The practice of law requires a lawyer to examine the language of the statutes, and those related to the one in issue, and determine what your rights may be. This is the essence of the practice of law. I seriously doubt you will be able to get a satisfactory answer to your question in this setting. There are too many variables which come into play, and anyone worth her salt will need to examine all your documents in order to get a good understanding of the background facts. Only with all the facts in hand can a good lawyer make an effort to analyze the applicable law and give you a considered opinion with alternative courses of action you might take. There are no simple or quick answers to your question.

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