Section § 697.310

Explanation

If you want to put a lien on someone's real estate because they owe you money from a court judgment, you need to file an official document, called an 'abstract of judgment,' with the local land records office. This lien typically lasts for 10 years, unless it's paid off or officially removed, although there are rules for extending it. This process applies even if the money owed is supposed to be paid in parts over time.

(a)CA Civil Procedure Code § 697.310(a) Except as otherwise provided by statute, a judgment lien on real property is created under this section by recording an abstract of a money judgment with the county recorder.
(b)CA Civil Procedure Code § 697.310(b) Unless the money judgment is satisfied or the judgment lien is released, subject to Section 683.180 (renewal of judgment), a judgment lien created under this section continues until 10 years from the date of entry of the judgment.
(c)CA Civil Procedure Code § 697.310(c) The creation and duration of a judgment lien under a money judgment entered pursuant to Section 117 or 582.5 of this code or Section 16380 of the Vehicle Code or under a similar judgment is governed by this section, notwithstanding that the judgment may be payable in installments.

Section § 697.320

Explanation

This law explains how to create a judgment lien on real estate by recording certain documents, like a notice of support judgment or an interstate lien form, with the county recorder. It lists two types of judgments that can create a lien: installments for child, family, or spousal support, and health care provider judgments requiring periodic payments. The lien remains until the debt is paid or the lien is released. Specifically, liens for child, family, or spousal support continue as long as the judgment is enforceable, while health care provider liens last ten years but can be extended through rerecording.

(a)CA Civil Procedure Code § 697.320(a) A judgment lien on real property is created under this section by recording an abstract, a notice of support judgment, an interstate lien form promulgated by the federal Secretary of Health and Human Services pursuant to Section 652(a)(11) of Title 42 of the United States Code, or a certified copy of either of the following money judgments with the county recorder:
(1)CA Civil Procedure Code § 697.320(a)(1) A judgment for child, family, or spousal support payable in installments.
(2)CA Civil Procedure Code § 697.320(a)(2) A judgment entered pursuant to Section 667.7 (judgment against health care provider requiring periodic payments).
(b)CA Civil Procedure Code § 697.320(b) Unless the money judgment is satisfied or the judgment lien is released, a judgment lien created under paragraph (1) of subdivision (a) or by recording an interstate lien form, as described in subdivision (a), continues during the period the judgment remains enforceable. Unless the money judgment is satisfied or the judgment lien is released, a judgment lien created under paragraph (2) of subdivision (a) continues for a period of 10 years from the date of its creation. The duration of a judgment lien created under paragraph (2) of subdivision (a) may be extended any number of times by recording, during the time the judgment lien is in existence, a certified copy of the judgment in the manner provided in this section for the initial recording; this rerecording has the effect of extending the duration of the judgment lien created under paragraph (2) of subdivision (a) until 10 years from the date of the rerecording.

Section § 697.330

Explanation

This law explains how to create a lien on real property when a money judgment is made under workers' compensation. If the judgment is a lump sum, you can make it a lien by recording an abstract of the judgment. For installment payments, you need to record a certified copy of the judgment. These liens follow rules similar to those for other judgment liens unless specific workers' compensation provisions say otherwise. This section also clarifies that it does not change any rules in the workers' compensation laws.

(a)CA Civil Procedure Code § 697.330(a) In the case of a money judgment entered on an order, decision, or award made under Division 4 (commencing with Section 3200) of the Labor Code (workers’ compensation):
(1)CA Civil Procedure Code § 697.330(a)(1) If the judgment is for a lump sum, a judgment lien on real property is created by recording an abstract of the judgment as provided in Section 697.310 and, except as otherwise provided in Division 4 (commencing with Section 3200) of the Labor Code, the judgment lien is governed by the provisions applicable to a judgment lien created under Section 697.310.
(2)CA Civil Procedure Code § 697.330(a)(2) If the judgment is for the payment of money in installments, a judgment lien on real property is created by recording a certified copy of the judgment as provided in Section 697.320 and, except as otherwise provided in Division 4 (commencing with Section 3200) of the Labor Code, the lien is governed by the provisions applicable to a judgment lien created under Section 697.320.
(b)CA Civil Procedure Code § 697.330(b) Nothing in this section limits or affects any provision of Division 4 (commencing with Section 3200) of the Labor Code.

Section § 697.340

Explanation

This law explains how a judgment lien on real property works. A judgment lien attaches to any present or future interests in real property located in a specific county, as long as it can be enforced against the person who owes the judgment. However, it doesn't cover rental payments, short-term leases, trust benefits, or property transferred before a court judgment under an attachment lien. If someone acquires new property interest after the lien is placed, the lien will attach to this new interest as well.

Except as provided in Section 704.950:
(a)CA Civil Procedure Code § 697.340(a) A judgment lien on real property attaches to all interests in real property in the county where the lien is created (whether present or future, vested or contingent, legal or equitable) that are subject to enforcement of the money judgment against the judgment debtor pursuant to Article 1 (commencing with Section 695.010) of Chapter 1 at the time the lien was created, but does not reach rental payments, a leasehold estate with an unexpired term of less than two years, the interest of a beneficiary under a trust, or real property that is subject to an attachment lien in favor of the creditor and was transferred before judgment.
(b)CA Civil Procedure Code § 697.340(b) If any interest in real property in the county on which a judgment lien could be created under subdivision (a) is acquired after the judgment lien was created, the judgment lien attaches to such interest at the time it is acquired.

Section § 697.350

Explanation

This law explains how a judgment lien, which is a legal claim on someone's property for debt payment, works when there is a money judgment. Generally, a judgment lien is for the amount needed to satisfy a money judgment. If the judgment requires installment payments, the lien covers the total amount needed to satisfy the entire judgment but can't be enforced for future payments unless a court allows it. Furthermore, if installments are due at specific times, the lien only applies to installments that have become due, including interest and costs, minus any payments made. The lien doesn't attach for any future installment until it becomes due as per the judgment's terms.

(a)CA Civil Procedure Code § 697.350(a) Except as otherwise provided by statute, a judgment lien on real property is a lien for the amount required to satisfy the money judgment.
(b)CA Civil Procedure Code § 697.350(b) A judgment lien on real property created under a money judgment payable in installments pursuant to Section 116.620 or 582.5 of this code or Section 16380 of the Vehicle Code or under a similar judgment is in the full amount required to satisfy the judgment, but the judgment lien may not be enforced for the amount of unmatured installments unless the court so orders.
(c)CA Civil Procedure Code § 697.350(c) A judgment lien created pursuant to Section 697.320 is a lien for the amount of the installments as they mature under the terms of the judgment, plus accrued interest and the costs as they are added to the judgment pursuant to Chapter 5 (commencing with Section 685.010) of Division 1, and less the amount of any partial satisfactions, but does not become a lien for any installment until it becomes due and payable under the terms of the judgment.

Section § 697.360

Explanation

This law outlines how judgment liens on real property are handled when a money judgment is modified. If the judgment amount changes, this can affect the lien. If it's reduced, the lien stays as is, but if increased, the lien only covers the new amount after a new record is filed. For support judgments, if increased, the new amount counts without needing a new record, but the priority for collecting it starts when the modification happens. It also requires prompt responses to official requests about judgment liens and outlines remedies for judgement debtors following certain procedures.

(a)CA Civil Procedure Code § 697.360(a) If a judgment lien on real property has been created under a money judgment that is thereafter modified as to its amount, an abstract of the modified judgment or a certified copy of the order modifying the judgment may be recorded in the same manner as an abstract of judgment or a certified copy of the judgment is recorded to create a judgment lien.
(b)CA Civil Procedure Code § 697.360(b) If a judgment lien on real property has been created under a money judgment that is thereafter modified to reduce its amount, the judgment lien continues under the terms of the judgment as modified, whether or not the modification is recorded as provided in subdivision (a).
(c)CA Civil Procedure Code § 697.360(c) If a judgment lien on real property has been created under a money judgment that is thereafter modified to increase its amount, the judgment lien continues under the terms of the original judgment until such time as the modification is recorded as provided in subdivision (a). Upon such recording, the judgment lien extends to the judgment as modified, but the priority for the additional amount under the judgment as modified dates from the time the modification is recorded.
(d)CA Civil Procedure Code § 697.360(d) Notwithstanding subdivision (c), if a judgment lien on real property has been created under a money judgment, by recording of an abstract of support judgment under paragraph (1) of subdivision (a) of Section 697.320, and the support order is thereafter modified to increase its amount, the judgment lien extends to the judgment as modified without the need for recording of another abstract of support judgment, but the priority for the additional amount under the judgment dates from the time the modification is effective.
(e)CA Civil Procedure Code § 697.360(e) A support obligee shall respond in a timely manner to (1) a title or escrow company request for a demand statement needed to close an escrow relating to a support judgment lien, or (2) a support obligor who claims an error exists in the amount of alleged arrears.
(f)CA Civil Procedure Code § 697.360(f) A support obligor who complies with the procedure specified in Division 5 (commencing with Section 724.010) shall be entitled to the remedies specified therein.

Section § 697.370

Explanation

This law allows a person who is owed money from a court judgment (judgment creditor) to either release or lower the priority of a claim (lien) they have on someone's real property. They can choose to release all or part of the property from the lien or allow another claim to have priority over theirs. To do this, they must provide specific details about the property, the original court judgment, and the people involved. Even if there are small mistakes in the release or priority change document, it is still valid as long as it has the necessary information. However, if they release or change the priority for one person's property, it doesn't automatically affect others involved unless those people are specifically named.

(a)CA Civil Procedure Code § 697.370(a) The judgment creditor may do either of the following:
(1)CA Civil Procedure Code § 697.370(a)(1) Release from the judgment lien all or a part of the real property subject to the lien.
(2)CA Civil Procedure Code § 697.370(a)(2) Subordinate to another lien or encumbrance the judgment lien on all or a part of the real property subject to the judgment lien.
(b)CA Civil Procedure Code § 697.370(b) A release or subordination is sufficient if it is executed by the judgment creditor in the same manner as an acknowledgment of satisfaction of judgment and contains all of the following:
(1)CA Civil Procedure Code § 697.370(b)(1) A description of the real property being released or on which the lien is being subordinated. If the judgment debtor does not have an interest of record in the real property, the release or subordination shall show the name of the record owner. If all of the real property of the judgment debtor in a county in which the lien is recorded is being released from the judgment lien, or if the judgment debtor has no known interest in any real property in that county, the release shall, in lieu of containing a description of the property being released, contain a statement substantially as follows: “This is a release from the judgment lien described herein of all of the interests in real property in ____ County presently owned or hereafter acquired of the herein named judgment debtor subject to the lien.”
(2)CA Civil Procedure Code § 697.370(b)(2) The date the judgment lien was created and where in the records of the county the abstract of judgment or certified copy of the judgment was recorded to create the lien.
(3)CA Civil Procedure Code § 697.370(b)(3) The title of the court where the judgment is entered and the cause and number of the action.
(4)CA Civil Procedure Code § 697.370(b)(4) The date of entry of the judgment and of any subsequent renewals and where entered in the records of the court.
(5)CA Civil Procedure Code § 697.370(b)(5) The name and address of the judgment creditor, the judgment creditor’s assignee, if any, and the judgment debtor whose interest in real property is released from the judgment lien or with respect to whom the judgment lien is subordinated.
(c)CA Civil Procedure Code § 697.370(c) A release or subordination substantially complying with the requirements of this section is effective even though it contains minor errors that are not seriously misleading.
(d)CA Civil Procedure Code § 697.370(d) The execution of a release or subordination of a judgment lien pursuant to this section does not release or subordinate the judgment lien as to judgment debtors not named in the release pursuant to paragraph (5) of subdivision (b).

Section § 697.380

Explanation

This law explains how different types of judgment liens on real property are prioritized. A 'lump-sum judgment lien' takes precedence over another lump-sum lien created later, and it also outranks an 'installment judgment lien' for any future payments, interest, or costs added after the lump-sum lien is established. Conversely, an installment lien has priority over a lump-sum lien for any installments, interest, or costs already in place before the lump-sum lien is created. When multiple installment liens are involved, the first one takes precedence for any amounts due before another is created. Finally, if two liens attach to property simultaneously, the one created first holds priority for all amounts then due.

(a)CA Civil Procedure Code § 697.380(a) As used in this section:
(1)CA Civil Procedure Code § 697.380(a)(1) “Installment judgment lien” means a judgment lien created under Section 697.320.
(2)CA Civil Procedure Code § 697.380(a)(2) “Lump-sum judgment lien” means a judgment lien created under Section 697. 310.
(b)CA Civil Procedure Code § 697.380(b) Except as otherwise provided by law, the rules stated in this section govern the priorities of judgment liens on real property.
(c)CA Civil Procedure Code § 697.380(c) A lump-sum judgment lien has priority over any other lump-sum judgment lien thereafter created.
(d)CA Civil Procedure Code § 697.380(d) A lump-sum judgment lien has priority over an installment judgment lien as to all of the following:
(1)CA Civil Procedure Code § 697.380(d)(1) Installments that mature on the installment judgment after the lump-sum judgment lien is created.
(2)CA Civil Procedure Code § 697.380(d)(2) Interest that accrues on the installment judgment after the lump-sum judgment lien is created.
(3)CA Civil Procedure Code § 697.380(d)(3) Costs that are added to the installment judgment after the lump-sum judgment lien is created.
(e)CA Civil Procedure Code § 697.380(e) An installment judgment lien has priority over a lump-sum judgment lien as to all of the following:
(1)CA Civil Procedure Code § 697.380(e)(1) Installments that have matured on the installment judgment before the lump-sum judgment lien is created.
(2)CA Civil Procedure Code § 697.380(e)(2) Interest that has accrued on the installment judgment before the lump-sum judgment lien is created.
(3)CA Civil Procedure Code § 697.380(e)(3) Costs that have been added to the installment judgment before the lump-sum judgment lien is created.
(f)CA Civil Procedure Code § 697.380(f) If an installment judgment lien has been created and another installment judgment lien is thereafter created, the first installment judgment lien has priority over the second installment judgment lien as to the installments that have matured on the judgment at the time the second installment judgment lien is created, the interest that has accrued prior to that time on the judgment, and the costs that have been added prior to that time to the judgment pursuant to Chapter 5 (commencing with Section 685.010) of Division 1. Thereafter, priorities are determined by the time at which each installment matures on a judgment, the time the interest accrues on a judgment, and the time costs are added to a judgment pursuant to Chapter 5 (commencing with Section 685.010) of Division 1.
(g)CA Civil Procedure Code § 697.380(g) For the purposes of this section, if two judgment liens attach to the same property at the same time under subdivision (b) of Section 697.340 (after-acquired property), the judgment lien that was first created has priority as to all amounts that are due and payable on that judgment at the time the property is acquired.

Section § 697.390

Explanation

If a property that has a judgment lien on it is sold or used as collateral for a loan without paying off the lien, the lien still sticks to the property. The property keeps the debt the same as before it was transferred, including any interest that adds up after the property is transferred.

If an interest in real property that is subject to a judgment lien is transferred or encumbered without satisfying or extinguishing the judgment lien:
(a)CA Civil Procedure Code § 697.390(a) The interest transferred or encumbered remains subject to a judgment lien created pursuant to Section 697.310 in the same amount as if the interest had not been transferred or encumbered.
(b)CA Civil Procedure Code § 697.390(b) The interest transferred or encumbered remains subject to a judgment lien created pursuant to Section 697.320 in the amount of the lien at the time of transfer or encumbrance plus interest thereafter accruing on such amount.

Section § 697.400

Explanation

This law explains how to officially remove or lessen a claim against someone's property because of a court judgment. If you owe money and have paid it off, or if you are paying in parts, you can record a document with the county to show it's partly or fully paid. This will clear or reduce the claim on your property. You can also record a document to change the priority of the claim if needed. These documents must follow specific rules stated in other sections for them to be valid.

(a)CA Civil Procedure Code § 697.400(a) The judgment creditor, judgment debtor, or owner of real property subject to a judgment lien on real property created under Section 697.310, may record in the office of the county recorder an acknowledgment of satisfaction of judgment executed as provided in Section 724.060 or a court clerk’s certificate of satisfaction of judgment issued pursuant to Section 724.100. Upon such recording, the judgment lien created under the judgment that has been satisfied is extinguished as a matter of record.
(b)CA Civil Procedure Code § 697.400(b) The judgment creditor, judgment debtor, or owner of real property subject to a judgment lien on real property created under Section 697.320, may record in the office of the county recorder an acknowledgment of satisfaction of matured installments under an installment judgment if the acknowledgment is executed as provided in Section 724.250. Upon such recording, the judgment lien is extinguished as a matter of record to the extent of the satisfied installments described in the acknowledgment of satisfaction.
(c)CA Civil Procedure Code § 697.400(c) The judgment creditor, the judgment debtor, or the owner of real property subject to a judgment lien, including a property owner described in Section 697.410, may record in the office of the county recorder a release or subordination of a judgment lien on real property if the release or subordination is executed as provided in Section 697.370.

Section § 697.410

Explanation

This law helps someone who mistakenly appears to have a lien on their property due to a name mix-up with a judgment debtor. The property owner can request that the judgment creditor releases the lien, providing proof they are not the debtor. The creditor must release the lien within 15 days or face paying damages and a penalty. If the creditor doesn't comply, the owner can take the matter to court to get the lien removed. The court can order the creditor to remove it or do it themselves. The winning party in a court case about this issue can also get their legal fees paid. People affected can pursue other damages too.

(a)CA Civil Procedure Code § 697.410(a) If a recorded abstract of a money judgment or certified copy of a money judgment appears to create a judgment lien on real property of a person who is not the judgment debtor because the name of the property owner is the same as or similar to that of the judgment debtor, the erroneously identified property owner may deliver to the judgment creditor a written demand for a recordable document releasing the lien. The demand shall be accompanied by proof to the satisfaction of the judgment creditor that the property owner is not the judgment debtor and that the property is not subject to enforcement of the judgment against the judgment debtor.
(b)CA Civil Procedure Code § 697.410(b) Within 15 days after receipt of the property owner’s demand and proof satisfactory to the judgment creditor that the property owner is not the judgment debtor and that the property is not subject to enforcement of the judgment, the judgment creditor shall deliver to the property owner a recordable document releasing the lien on the property of such owner. If the judgment creditor improperly fails to deliver a recordable document releasing the lien within the time allowed, the judgment creditor is liable to the property owner for all damages sustained by reason of such failure and shall also forfeit one hundred dollars ($100) to the property owner.
(c)CA Civil Procedure Code § 697.410(c) If the judgment creditor does not deliver a recordable document pursuant to subdivision (b), the property owner may apply to the court on noticed motion for an order releasing the judgment lien on the property of such owner. Notice of motion shall be served on the judgment creditor. Service shall be made personally or by mail. Upon presentation of evidence to the satisfaction of the court that the property owner is not the judgment debtor and that the property is not subject to enforcement of the judgment, the court shall order the judgment creditor to prepare and deliver a recordable document releasing the lien or shall itself order the release of the judgment lien on the property of such owner. The court order may be recorded in the office of the county recorder with the same effect as the recordable document demanded by the property owner.
(d)CA Civil Procedure Code § 697.410(d) The court shall award reasonable attorney’s fees to the prevailing party in any proceeding maintained pursuant to this section.
(e)CA Civil Procedure Code § 697.410(e) The damages provided by this section are not in derogation of any other damages or penalties to which an aggrieved person may be entitled by law.