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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Re: No, the AJ will remain against the property regardless of change of title... Posted by steve on March 24, 2004 at 8:05 AM In Reply to: No, the AJ will remain against the property regardless of change of title... posted by Ward-CA- on March 23, 2004 at 1:00 PM Ward, however, if this property had a 1st and the AJ was recorded after the 1st, a trustee sale initiated by the 1st would wipe out the AJ (in Calif). Is that correct? : : Ward, : : I want to buy a property in Texas from an owner that owns it with no debt. EXCEPT for a $7,000 ABJ. Can he quit claim the property to another entity such as a trust or LLC. Then have that entity sell it to me? The ABJ should only attach to properties titled with his name right? The Judgment is 6 yrs old and the statute in Tx is 10 yrs. : : I can buy this property for cash but I would like to refi it later. Will the cloud on title last past the 10 yr period or will there be any cloud at all on title after I own it? : : Thanks : : Ellis : ===================== : Ellis, : A general lien, such as a judgment, initially attaches to the judgment debtor's name. : Then, if the judgment is recorded in the county recorder's records as an abstract of judgment (AJ) it will also automatically attach to the title of any real property in the county, that's titled in the name of the judgment debtor. : Once the AJ attaches to real property it won't be expunged unless it's satisfied, even if the judgment debtor subsequently quitclaims the property to someone else or some other entity. : If TX allows a renewal of a judgment before the 10 year expiration date, then a judgment there can enjoy a perpetual existence through renewal after renewal, just like our set-up here in CA. : : Hope this helps. Follow Ups: Post a Followup: Name : E-Mail : Subject : Comments: : Ward, however, if this property had a 1st and the AJ was recorded after the 1st, a trustee sale initiated by the 1st would wipe out the AJ (in Calif). Is that correct? : : : : Ward, : : : I want to buy a property in Texas from an owner that owns it with no debt. EXCEPT for a $7,000 ABJ. Can he quit claim the property to another entity such as a trust or LLC. Then have that entity sell it to me? The ABJ should only attach to properties titled with his name right? The Judgment is 6 yrs old and the statute in Tx is 10 yrs. : : : I can buy this property for cash but I would like to refi it later. Will the cloud on title last past the 10 yr period or will there be any cloud at all on title after I own it? : : : Thanks : : : Ellis : : ===================== : : Ellis, : : A general lien, such as a judgment, initially attaches to the judgment debtor's name. : : Then, if the judgment is recorded in the county recorder's records as an abstract of judgment (AJ) it will also automatically attach to the title of any real property in the county, that's titled in the name of the judgment debtor. : : Once the AJ attaches to real property it won't be expunged unless it's satisfied, even if the judgment debtor subsequently quitclaims the property to someone else or some other entity. : : If TX allows a renewal of a judgment before the 10 year expiration date, then a judgment there can enjoy a perpetual existence through renewal after renewal, just like our set-up here in CA. : : : : Hope this helps. Optional Link URL: Link Title: Optional Image URL: [ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] WWWAdmin 2.0a © 1997 Matt Wright and DBasics Software Company, All Rights Reserved

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