Community Property

Particularly with states having community property laws, property ownership may be complicated. I'm not an attorney, I am the judgment referral expert. This article is just my opinion, and is not legal advice, based on my experiences living in California. If you want a strategy to use or legal advice, please contact an attorney.

When your debtor won a judgment of their own; you may decide to have the sheriff garnish their judgment directly through a clerk at the court, instead of having a process server serve anything onto your debtor; to find out if someone files some 3rd-party claim. It's only at that point in time when you'll really know the basis claimed, and any legal authority for that 3rd-party's separate real property interest.

When it comes to your debtor's property ownership, with your judgment lien; the new owner(s) can't claim any exemptions including a homestead exemption. When the creditor begin your foreclosure, the new owner(s) will eventually know what to do. HERE HERE What your debtor did to "remove their name off the title" is a recording not in the title chain, and your lien remains. There's no way that anyone trying to buy a property could fail to have notice of the recordation of your abstract of judgment, that created a judgment creditor lien against the interests of the debtor, whether they burn the deed, gives the property to someone, or records another deed not having their own name.

The husband can't just remove a name on the title, and remove someone just by requesting their title company remove a wife from the title, without his spouse first signing some grant or quitclaim deed. Quit claim deeds need to get notarized, to stop the highly coveted and often attempted forgery of a debtor spouse's signature to get this result. When the wife is listed as a defendant on the lawsuit, without having some order from a judge; no real title company would be willing to perform this kind of illegal action.

A husband may not remove his wife from the title without getting her consent in writing; if the title was vested in both their names at the time of the property purchase. When he vested title in her by his deliberate actions (for example) signing a grant deed in the past; the husband can't later win a quiet title action against her, when it was his own actions that vested her rights.

The new husband has no rights to remove his debtor wife from title just because he wants to do so, and that means your lien remains. When he wants to refinance, he needs to live with the unintended consequence of putting his new wife (the debtor) on the title in the first place. His spouse has a viable interest in the property and can't be removed with a regular quiet title action.

Judgment creditors sometimes wait before they finalize their fraudulent transfer claim against the transferee (by getting the new judgment). The question will be, what will you get by waiting? You may sue the other spouse, (although they may not be on the title). When you get a new judgment against one spouse for fraudulent transfer; you may be able to arrange for your sheriff garnish bank accounts in both their names.

Even when this isn't possible, a creditor can subpoena the debtor's lender to find out where the money from their loan were sent; and then arrange for a levy on the money, as long as it's in the husband's name. The creditor can also have the sheriff levy on the account in the wife's name because the funds aren't going to be a separate and sole property inside a community property jurisdiction; because they both encumbered a community debt to get the loan. If the husband is transferring his property to his spouse; it's unlikely they can both make the case that, besides that transfer, the wife is able to then claim the funds from the loan as being her separate and sole real property.

The creditor can't get to see the debtor's lender's documents just yet; if the loan was made to both spouses and you just have your judgment on only one of them. One could attempt this, but your fraudulent transfer judgment(s) may finalize before your court court give you permission to see the info.

When you are too eager, you will be giving your debtors advance notice that you're looking for their money, and the debtors may transfer their money out of the state. If you just be patient, and just wait for your judgment on the wife; then you can subpoena their lender because their loan is fixed to the property of that she was the fraudulent transferee, to learn where the money was deposited, and then have the sheriff levy on whatever bank account the funds are in; regardless of the way it's held.

Even with the the proper consumer notices, they can't prevent you from seeing their info. You may not need to have the sheriff levy the debtor(s) house(s) to auction it off. Levying a real property is a dicey and somewhat risky proceeding these days. Who will be paying ninety percent of the fair market value for a real estate?

If the judgment creditor is sure that their debtor got a loan, the creditor can do a judgment debtor examination with document requests on the debtor husband and also the wife if she is possessing more than two hundred and fifty belonging to her spouse. Then the creditor can ask the spouse where the funds from their loan was distributed. Ask for account numbers, etc. Then, get a restraining order that prevents them from transferring the money out of their bank accounts.

Mark Shapiro - Judgment Broker - http://www.JudgmentReferral.com - where Judgments go and are quickly Collected!

This article was published on 14 Aug 2014 and has been viewed 668 times
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