Is a mortgage on real property located in California attachable by a subsequent unrelated judgment?
Lot "A" is sold with the mortgage registered as a lien on the property. Subsequently, the holder of the mortgage loses an unrelated lawsuit. Can the mortgage be attached the holder of the judgment?
Public Comments
- The mortgage is not attached, but the property can be - the attachment would be a secondary lien and would be paid after the mortgage holder gets paid upon sale or default.
- Steve is right. The property can have a lien placed against it for the amount owed.
- Yes, liens can be placed on any of your personal property in an effort to collect a judgement.
- No, the judgment is attached to the property. In doing anything with the property, by either selling or refinancing, the lien would need to be paid off. Mortgage has nothing to do with the judgment.
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