A wrongful lien was placed on my property. The judgement was for someone else with a similar name as mine.
Last updated on: February 14, 2020
A title search revealed that a judgement lien of $123,000 was place on my property. The judgement was for someone else with a similar name as mine. I wasn't aware of the lien until a title search was performed to finalize my loan. My loan is being delayed and it will create a cascading chain of events that will result in the loss of financial committment and a ruined vacation by cutting short of my stays. I know I can sue for cost of having the lien removed. I wanted to sue for the my anger and lost of investment gain from the delays. Am I entitled?
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About
I am a litigation lawyer, licensed to practice law in the State of California. You can reach me by phone at (310) 286-2000.
I am a litigation lawyer, licensed to practice law in the State of California. You can reach me by phone at (310) 286-2000.
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
In California, judgment liens are not recorded against any specific property. Rather, the recordation of an Abstract of Judgment in a County will cause a judgment lien against all real properties of judgment debtor, whether held prior to the recordation or acquired after the recordation.
First, you need to find out if you are a defendant/judgment debtor in the case which resulted in judgment and based on which an abstract of judgment was issued. If so, you need to immediately take steps to vacate judgment and defend yourself.
Second, if the judgment is not in fact against you, then the abstract of judgment should not be referencing your social security number, your driver's license number, or your address. If your social security number, your driver's license or your address is referenced even though the judgment is not against you, you need to immediately contact the judgment creditor (or JC's attorney of record) and advise them to correct these errors. If they fail to promptly do so, you may have a cause of action against them.
Third, if neither the judgment is against you nor the information on the abstract of judgment references your information, the title insurance company should be able to eliminate that lien from the title search based on a signed declaration from you.
You should immediately consult your own attorney to protect your legal rights.
In California, judgment liens are not recorded against any specific property. Rather, the recordation of an Abstract of Judgment in a County will cause a judgment lien against all real properties of judgment debtor, whether held prior to the recordation or acquired after the recordation.
First, you need to find out if you are a defendant/judgment debtor in the case which resulted in judgment and based on which an abstract of judgment was issued. If so, you need to immediately take steps to vacate judgment and defend yourself.
Second, if the judgment is not in fact against you, then the abstract of judgment should not be referencing your social security number, your driver's license number, or your address. If your social security number, your driver's license or your address is referenced even though the judgment is not against you, you need to immediately contact the judgment creditor (or JC's attorney of record) and advise them to correct these errors. If they fail to promptly do so, you may have a cause of action against them.
Third, if neither the judgment is against you nor the information on the abstract of judgment references your information, the title insurance company should be able to eliminate that lien from the title search based on a signed declaration from you.
You should immediately consult your own attorney to protect your legal rights.
12/29/2010
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