Q: Can I start judicial foreclosure in California for judgement lien if property was sold as a foreclosure quick claim deed
I received a judgement lien against a person (the loan I gave that person was not secured by property). That person owned a house at that moment when I received a judgement lien. Few months later that person passed away, and the house was foreclosed for $3,600,000 (non judicial foreclosure). Later the bank which foreclosed the house sold it as a quick claim deed for $2,450,000 (no title insurance and buyer to hold lender harmless if any outstanding liens on the property) . Did my judgement lien survive this non judicial foreclosure sale where bank did not satisfy my lien? How can I have my judgement lien to be paid? Do I start judicial foreclosure lawsuit?
In California, judgment liens typically survive a non-judicial foreclosure, and they attach to the debtor's property regardless of any subsequent foreclosure. However, their priority depends on when they were recorded in relation to other liens. To enforce your lien, you may need to initiate a foreclosure action. However, it is essential to consult with a local attorney familiar with lien laws and foreclosure to explore all your options.
James L. Arrasmith
Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith
A: no, you are too late to do a judicial foreclosure if the property is no longer in the debtor's possession (i.e. you said debtor died). the estate might be liable for the judgment if there are other assets. but since the real property was foreclosed upon by another entity the appropriate time to assert a claim against any potential proceeds was at the time the property was foreclosed on (if there was equity to assert the claim).
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