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Removing Judgment Property Liens

by

Mark Shapiro

A tool used in judgment recovery is recording UCC and real estate property liens. Even with real estate prices being down, sometimes recording judgment liens works. When it works, or your judgment gets satisfied in some other method; any prior liens that are judgment related should get removed. Who is responsible for removing all liens recorded after the judgment gets satisfied?

My articles are my opinions and are not, legal advice. I\’m a judgment expert, and not a lawyer. If you need a strategy to use or legal advice, please retain a lawyer.

When a judgment gets satisfied, I strongly encourage any judgment owner to think about paying and handling cleaning up liens; to be sure all judgment liens that were recorded against their former debtor is removed. It is probably legally required; and by handling things yourself, you will be sure that this gets done right. You won\’t ever have to worry about this future possible hassle again.

Judgment-related liens may include Secretary Of State (SOS) UCC liens and real estate property liens. The majority of laws about post-judgment recovery specify how judgment liens get obtained and/or recorded, and usually do not say as much how they are removed or who needs to remove them.

If a judgment-related UCC lien was issued, you can find the form to remove your lien from your SOS (Secretary Of State). When you get the release of the UCC lien form back from your SOS; copy it, and mail a copy to your debtor.

After the judgment creditor gets repaid an amount sufficient to satisfy or settle the judgment, the creditor should always be sure to file a satisfaction of judgment form that is notarized with the court; get their own copy, and mail the judgment satisfaction with the court\’s stamp, to the former judgment debtor. When you purchased an abstract of judgment, however you did not record it at the county recorder; no property lien was attached, and there isn\’t anything to record again, which means you are finished.

If any judgment-related property lien got recorded at a county recorder, then buy a certified copy of the satisfaction of judgment from the court. Then record that certified satisfaction of judgment, or a removal of lien document, at every county recorder that the judgment-related lien was recorded at, even when your former judgment debtor currently owns no property.

You could send the certified copy of your judgment satisfaction to your debtor, and tell them to file it with their local county recorder. However, if you want anything done for certain; either do the job yourself, pay someone to do it, or strongly forbid your kids from doing it.

Remove every doubt, and handle the job yourself. Record that certified satisfaction at the county recorder, and then send a copy of the recorder-endorsed satisfaction to your former debtor. After the judgment is satisfied, the court stamped satisfaction must be mailed to your former judgment debtor anyway; so why not save a stamp and mail the former debtor the recorder-stamped certified judgment satisfaction in that same envelope?

Certain Counties and/or States may require a declaration that is notarized similar to (e.g.):

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY SANTA CLARA

CHARLES CREDITOR – Plaintiff(s), v. DANIEL DEBTOR – Defendant(s)

CASE NUMBER: 123456789

RELEASE OF LIEN

1. On March 12, 2011, a judgment was entered in the County of Santa Clara, Case # 123456789 in the amount of $23,544.11 in favor of the plaintiff.

2. Creditor created a judgment lien on real property by recording an abstract of judgment in the office of the county recorder, Santa Clara County on July 12, 2012, Instrument No: 2012-123456789.

3. The judgment in case # 123456789 was fully satisfied. The creditor hereby fully releases this lien on the real property commonly known as 133 Debtor Lane, San Jose, CA 95126, and whose legal description is: APN : 111-222-333 Lot Number : 12 Census Tract : 54323.09 Page Grid : 3170-A4 Map Ref: 777531, Abbreviated Description: LOT 33 MAP REF: 123456.

Dated: ­­­­­­­­_____________________

______________________________ CHARLES CREDITOR

Declarations like the above need be notarized, the same way that satisfactions of judgment are; and then recorded at every county recorder where a property lien was recorded.

Mark D. Shapiro of:

JudgmentBuy.com

– Your fastest and easiest way to find the right expert to recover or buy your

judgment

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Article Source:

ArticleRich.com