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Re: judgements

Posted by Travis-CA on January 12, 2004 at 8:34 AM

In Reply to: judgements posted by gcastro on January 11, 2004 at 4:47 PM

: If a property has enough equity when it goes to the trustee sale, does a recorded judgement still get wiped out, or is it paid off at the sale, since the property had enough equity?

I think what you mean is if there is enough overbid at a trustee sale, will a judgment get paid off? or remain?

A judgment is a general involuntary lien that when recorded as an abstract attaches by operation of law to all real property of the debtor within the county it is recorded. If the trustee sale produces a suffecient overbid to cover the judgment it will be paid, and the creditor must record a satisfaction of judgment extinguishing the judgment. If the trustee sale does not produce a suffecient overbid the recorded abstract of judgment will be wiped off the title of the property, but remain against the debtor and all other properties the debtor ownes within the county.

Travis


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