San Ramon, CA asked in Real Estate Law, Collections, Legal Malpractice and Libel & Slander for California

Q: What to do if an attorney added a person to an Abstract of Judgment illegally and recorded it?

My present husband was erroneously added to an Abstract of Judgment against me from my ex husband. Now his sole and separate property which he purchased with inherited funds has a cloud on it's title. The attorney for my ex husband has continuously filed and recorded documents with no legal basis.

1 Lawyer Answer
Kenneth Sisco
Kenneth Sisco
  • Legal Malpractice Lawyer
  • Norco, CA
  • Licensed in California

A: There are too many variables and unknowns to give you a conclusive and complete answer, but we can move towards one. An abstract of Judgment is supposed to accurately reflect the terms of the Original Judgment. Accordingly, your first task is to compare the Abstract to the Judgment. If your current husband is incorrectly, or wrongfully named in the Judgment, your recourse is through the Court that issued the Judgment. Hopefully, there are no timing issues.

If your current husband is not listed in the Judgment, you can file a Motion to Expunge the Abstract, at least as to your current husband. In any event, if there have been fraudulent documents filed or recorded by this attorney, the California Bar would want to know that. If you or your current husband have been damaged, there may be grounds for a lawsuit against this other attorney and/or your ex husband.

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