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Posted: Wed Apr 03, 2013 3:39 pm
PC has significant back HOA dues. HOA recorded a Notice of Delinquent Assessment. A couple years later it sued and obtained a judgment against PC. It recorded an abstract after the judgment. I comprehend that CCP 726(a)'s one action rule does not apply to HOA under Civil Code 1367(f) and 1367.1(h), such that it can sue and obtain judgment to garnish wages or levy accounts, etc.
What has me scratching my head however is the HOA recording the judgment lien. How can it have two different liens on the same debt? Is there any code section out there that I am not finding that deals with this issue? I of course am hoping to find some authority that says the later recorded judgment lien invalidates the earlier recorded Notice of Delinquent Assessment, despite the fact that CCP 726(a)'s one action rule does not apply. Then a Section 522(f) motion would actually accomplish something....
Mark Jessee
The post was migrated from Yahoo.