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How To Record A Lien

By Mark Shapiro

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Published: 15Mar2012
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I'm not an attorney, I am a judgment expert. This article is my opinion, from my California experiences. Laws are different in every state. If you ever want a strategy to use or legal advice, please contact an attorney.

Recording a judgment lien was once a very cost effective and popular method of recovering many judgments. Because of the rotten economy, judgment liens aren't as wise of an investment or as reliable as they were before.

There are several kinds of liens which usually could be categorized as belonging to 1 of 2 kinds; non-real estate liens, and real estate liens.

Depending on what state your state is, there is most often 3 types of judgment liens used in the enforcement of judgments: UCC liens, real estate liens, and judgment liens created by causing a debtor served personally with a debtor examination notice.

All regular judgment liens are temporary, but usually they may get renewed. Usually, real estate judgment liens stay valid as long as the judgment does. UCC liens last about 5 years, and debtor examination liens most often last 1 year.

With judgment enforcement, the most common kind of judgment liens are liens on real estate. If a debtor's real estate is refinanced or sold, a judgment may be fully or partially satisfied, to get the lien removed.

When in California, to get a real estate judgment lien:

1) Complete an Abstract Of Judgment form. One can find this form at the court's web site or at the court. Make 2 printed-out copies.

2) Mail or bring your 2 paper copies to the court. Pay the court, to ask the court to stamp and endorse your Abstract Of Judgment printed forms. The court keeps a form, and give you a other copy. Copy the court stamped copy, or your court can print another copy for you at a small charge.

3) Mail or bring 2 copies of your Abstract Of Judgment to the county recorder where your debtor's real estate is located. Pay the county recorder to endorse the abstract of judgment, and pay them to mail a lien notice to the debtor. The county recorder keeps keep 1 copy of the Abstract Of Judgment, and return a stamped copy to you. County recorder policy varies by state and county, so always check things at the court or their web site.

A UCC lien is most often recorded if the debtor is a business. A UCC lien is occasionally also recorded with non-business debtors.

To record UCC liens, download the UCC form at your Secretary Of State's website and fill it in. Printing the judgment case number and information, and a listing of the debtor's assets on the UCC form, can make the lien stronger.

Mail your filled out and signed UCC lien form to your Secretary Of State with your check, and wait for the Secretary Of State to mail your copy to you. Then, mail the copy of your stamped UCC form to your debtor.

In California, getting a debtor served personally with a debtor exam, creates a lien on their personal property for a year. Including a listing of some of the debtor's personal property on the back or front of the judgment debtor examination affidavits and forms, may make this type of lien more powerful.

The usual way a creditor might be repaid by recording real estate liens, is when or if the debtor refinances or sells a property, as sometimes buyers and lenders arranges or requires for prior recorded liens to be taken off.

Sometimes a recorded lien may make one a secured creditor if the debtor files for bankruptcy protection. Occasionally, you may eventually be repaid something after the debtor files for bankruptcy.

Buying and recording a judgment lien doesn't guarantee that judgment creditors gets paid.

Actually, these days, recording liens does not mean the creditor will be repaid. However, buying and recording liens isn't expensive or difficult, and might be the right first step to eventually getting repaid.

http://www.JudgmentBuy.com - Judgment Enforcement - where Debts and judgments quickly get enforced by an expert - matched expertly for free, to the debtor. Mark Shapiro, a expert on judgments. We pay for leads, and offer the best no obligation free leads for collection agencies, enforcers, and contingency collection lawyers.

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