In California, property owned by spouses domiciled in California are governed under California’s community property law, regardless of where their property is located. (Cal. Fam. Code § 760.) Under California’s statutory scheme, anything that a spouse earned or...
In today’s post, we discuss the importance of obtaining a litigation guarantee in a mechanic’s lien foreclosure action. In order to enforce a mechanic’s lien, an action must be brought in the proper court within 90 days of the recording of the lien. (Civ. Code §...
What Does ‘Judgement Lien’ Mean in California? A judgment lien is a lien that attaches to a property of a party who owes money to another party as a result of a court judgment. In California, a judgment lien can only attach to real property. To attach a...
Liens and levies are two different ways a creditor can collect on an outstanding debt against a debtor. However, they are used in different ways. What Is a Lien? A lien is a legal claim on property that is used as security or collateral for the payment of a debt owed...
Generally, the rule is that a lien is first in time and first in right. That means that earlier recorded liens tend to enjoy priority over later recorded liens. That rule, has a new exception per the recent Court of Appeals decision in City of Sierra Madre v....
The lien with the highest priority in real estate is typically the first mortgage lien. Lien priority refers to the order in which different liens are paid in the event of a foreclosure or bankruptcy. In general, liens are prioritized based on the date they were...
