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Reply-To: Sevan Gorginian
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More on this lien priority issue. I did more research to help listmates and got a great case from Judge Mund (thank you M. Avanesian! for sending it).. This is a great opinion to read. It explains why a lien cannot exist without an underlying debt to associate with it. Plus it presents a good set of facts issue whether an abstract of judgment recorded before debtor files bk, which never attached to property, could become a lien on after-acquired property when the debt was discharged in a prior case. Judge Mund denied the 522(f) motion because she said there is no valid lien to be avoided since there was no debt. Nice. I am attaching the opinion here but if its not attached then its 10-11635, November 16, 2018, Judge Mund (In re Larissa Kenney).
> On Feb 2, 2019, at 5:05 PM, Sevan Gorginian wrote:
>
> Agree with Shai, Patrick and Gary.
>
> The Supreme Court case in Sanderfoot controls, as does certain parts of the 9th Circuit Pederson case. All of this is nicely explained along with supporting California statute in this Oregon bankruptcy courts opinion You should also read the Pederson case (cited below).
>
> In this Caldwell case, the court said the Sanderfoot Doctrine applies. Creditor got judgment 3/2001, abstract of judgment 4/2001. Next month, 5/2001, debtor acquires property. Then files bk. Debtor moved to avoid the abstract lien under 522(f) but the court, in a nicely laid out opinion, said the Supreme Courts Sanderfoot Doctrine applies such that the debtor must have had some interest in the home before the judgment lien was affixed. From my reading of other cases, this is sometimes calling the Time of Fixing Rule. To fix means to fasten a liability upon.
>
> The Vincent Court, 260 B.R. at 620, said the fundamental question of ownership is whether the property encumbered by the lien was property of the debtor at the time of fixing of the lien.
>
> Heres some other opinions that will be helpful:
> https://www.govinf
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Lien Priority Question
Reply-To: Sevan Gorginian
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Agree with Shai, Patrick and Gary.
The Supreme Court case in Sanderfoot controls, as does certain parts of the 9th Circuit Pederson case. All of this is nicely explained along with supporting California statute in this Oregon bankruptcy courts opinion You should also read the Pederson case (cited below).
In this Caldwell case, the court said the Sanderfoot Doctrine applies. Creditor got judgment 3/2001, abstract of judgment 4/2001. Next month, 5/2001, debtor acquires property. Then files bk. Debtor moved to avoid the abstract lien under 522(f) but the court, in a nicely laid out opinion, said the Supreme Courtterest in the home before the judgment lien was affixed. From my reading of other cases, this is sometimes calling the Time of Fixing Rulepon.
The Vincent Court, 260 B.R. at 620, said the fundamental question of ownership is whether the property encumbered by the lien was
Heres some other opinions that will be helpful:
https://www.
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X-Original-Return-Path: Sevan Gorginian
To: cdcbaa@yahoogroups.com
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Agree with Shai, Patrick and Gary.
The Supreme Court case in Sanderfoot controls, as does certain parts of the 9th Circuit Pederson case. All of this is nicely explained along with supporting California statute in this Oregon bankruptcy courts opinion You should also read the Pederson case (cited below).
In this Caldwell case, the court said the Sanderfoot Doctrine applies. Creditor got judgment 3/2001, abstract of judgment 4/2001. Next month, 5/2001, debtor acquires property. Then files bk. Debtor moved to avoid the abstract lien under 522(f) but the court, in a nicely laid out opinion, said the Supreme Courtterest in the home before the judgment lien was affixed. From my reading of other cases, this is sometimes calling the Time of Fixing Rulepon.
The Vincent Court, 260 B.R. at 620, said the fundamental question of ownership is whether the property encumbered by the lien was
Heres some other opinions that will be helpful:
https://www.
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True story. Thanks for adding that detail.
Law Office of Eric Alan Mitnick
21515 Hawthorne Boulevard, Ste. 1080
Torrance, CA 90503
(310) 792-5864 (tel)
(310) 347-4353 (fax)
MitnickLaw@aol.com
Sent from my iPhone
> On Jan 31, 2019, at 12:20 PM, 'Gary R. Wallace' garyrwallace@ymail.com [cdcbaa] wrote:
>
> Correct, and while timely renewal of the underlying judgment likewise extends the time for lien validity, such extension only occurs if the judgment creditor timely records a certified copy of the application for renewal of the judgment before the date on which the judgment would have expired. CCP 683.180.
>
>
> Gary R. Wallace
> Law Office of Gary R. Wallace
> 10801 National Boulevard, Suite 100
> Los Angeles, CA 90064
> Email: garyrwallace@ymail.com
> Office: (310) 571-3511
>
>
> To: cdcbaa@yahoogroups.com
> Sent: Thursday, January 31, 2019 9:53 AM
> Subject: [cdcbaa] Re: Lien Priority Question
>
>
> Gary - are you saying that a judgment lien becomes void upon the expiration of the underlying judgment?? I was not aware of this and I wonder if the title companies also take that position (in your experience)?
>
>
>
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Correct, and while timely renewal of the underlying judgment likewise extends the time for lien validity, such extension only occurs if the judgment creditor timely records a certified copy of the application for renewal of the judgment before the date on which the judgment would have expired. Suite 100Los Angeles, CA 90064Email: garyrwallace@ymail.comOffice: (310) 571-3511
To: cdcbaa@yahoogroups.com
Sent: Thursday, January 31, 2019 9:53 AM
Subject: [cdcbaa] Re: Lien Priority Question
the expiration of the underlying judgment?? I was not aware of this and I wonder if the title companies also take that position (in your experience)?
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If the judgment is renewed the lien stays in effect.
Law Office of Eric Alan Mitnick
21515 Hawthorne Boulevard, Ste. 1080
Torrance, CA 90503
(310) 792-5864 (tel)
(310) 347-4353 (fax)
MitnickLaw@aol.com
Sent from my iPhone
> On Jan 31, 2019, at 9:52 AM, sam@southbaybk.com [cdcbaa] wrote:
>
> Gary - are you saying that a judgment lien becomes void upon the expiration of the underlying judgment?? I was not aware of this and I wonder if the title companies also take that position (in your experience)?
>
>
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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 OvedThe Law Offices of Shai Oved7445 Topanga Cyn. Blvd., Suite 220Canoga Park, California 91303.comwww.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. If the reader of this message is not the intended recipient, you are hereby 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 Specialistby The State Bar of California Board of Legal Specialization.
To: cdcbaa
Sent: Tue, Jan 29, 2019 10:33 am
Subject: [cdcbaa] Lien Priority Question
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 prior bankruptcies.
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Reply-To: tyson@tysonfirm.com
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