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Lien Priority Question=20
One other point to keep in mind since you say that the abstract was recorded in July 2012. The abstract is good for ten years (unless renewed), but the date on which the ten years commences is NOT the date of recordation of the abstract but the date of entry of the underlying judgment. The abstract should state that date of entry/renewal of judgment, and/or you can easily confirm it by checking the case docket. Gary R. WallaceLaw Office of Gary R. Wallace10801 National Boulevard, Suite 100Los Angeles, CA 90064Email: garyrwallace@ymail.comOffice: (310) 571-3511
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To: "cdcbaa@yahoogroups.com"
Sent: Tuesday, January 29, 2019 12:15 PM
Subject: RE: [cdcbaa] Lien Priority Question
does not say that the debtor may undo a lien on an interest in property. Rather, the statute expressly states that the debtor may avoid "the fixing" of a lien on the debtor's interest in property. The gerund "fixing" refers to a temporal event. That event -- the fastening of a liability -- presupposes an object onto which the liability can fasten. The statute defines this pre-existing object as "an interest of the debtor in property." Therefore, HN3 unless the debtor had the property interest to which the lien attached at some point before the lien attached to that interest, he or she cannot avoid the fixing of the lien under the terms of 522(f)(1). 3 If you have any questions or concerns, please contact me. Pat Email:pat@fitzgreenlaw.com CONFIDENTIALITY NOTICE: This e-mail transmission (and/or the attachments accompanying it) may contain confidential information belonging to the sender which is protected by the attorney-client privilege. The information is intended only for the use of the intended recipient. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. Any unauthorized interception of this transmission is illegal. If you have received this transmission in error, please promptly notify the sender by recdcbaa@yahoogroups.com
Sent: Tuesday, January 29, 2019 10:41 AM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Lien Priority Question Yes. That is the point of recording an Abstract (as it attaches to all real property in the County and after-acquired property in the county). You ddn't mention, but I assume the real property is also in LA County. Be careful about your 522(f) motion if you proceed with a BK filing as there may be case law that disallows lien avoidance for property acquire AFTER the abstract is in place) or at least note this in your retainer to cover yourself.. Very truly yours, Shai Oved The Law Offices of Shai Oved 7445 Topanga Cyn. Blvd., Suite 220 Canoga Park, California 91303 Tel: (818) 992-6588 Fax: (818) 992-6511 Email:ssoesq@aol.com www.shaioved.com ________________ The information contained in this email is intended only for the individual or entity named above and may contain attorney privileged and confidential information.reby notified that any dissemination, distribution, or copy of this communication is strictly prohibited. If you received this communication in error, please immediately notify us by the telephone number above and return any hard copies to us via the postal service.. The Law Offices of Shai Oved is a debt relief agency which helps people file for bankruptcy under the Bankruptcy Code. Shai Oved isa Certified Bankruptcy Law Specialist -----Original Message-----
To: cdcbaa
Sent: Tue, Jan 29, 2019 10:33 am
Subject: [cdcbaa] Lien Priority Question Hi Everyone, Abstract of judgment was recorded in Los Angeles County July, 2012. Debtor purchases a home April, 2017. Does the abstract of judgment lien attach against the Debtor's after acquired property? FYI: Debtor has no p
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