Lien Archives

Do Child Support Liens Attach to Real Estate? (Fam. Code, § 17523)

Published on: December 27, 2024 | By Underwood Law Firm, P.C.

underwood-child-support-liens-real-estate-300x300 Yes. Child support liens attach to real estate in California both voluntarily and involuntarily. Liens are effectively a public notice of outstanding claims against your property. In the case of child support, a custodial parent can place a lien against the non-custodial parent’s property when they fail to make court ordered payments. Child support liens last until the non-custodial parent resolves their debt by payment in full.

What is a Lien?

Non-custodial parents in California pay the custodial parent child support payments because they do not have primary physical custody of their child(ren). Non-custodial parents enter a payment deficit when they fail to make child support payments, subsequently allowing courts to place a lien on the non-custodial parent’s property. (Code Civ. Proc., § 697.320; Fam. Code, § 17523.)

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Does a Personal Lien Attach to Real Estate? (CCP § 697.320)

Published on: October 2, 2024 | By Underwood Law Firm, P.C.

underwood-personal-lien-real-estate-300x300 This article is about whether a personal lien, like a lien for child support, can attach to real estate. This is important because property can be used as collateral for debt voluntarily or involuntarily. This means the owner of the property uses the property as collateral by having a lien placed on it.

What is a personal lien?

A lien applies to future property bought by the debtor, the heirs of the estate if the debtor dies, and any property the debtor transfers into a revocable living trust. Liens implicating personal debts like child support are likely to arise as judgment liens. This means a court can impose the lien when someone does not repay a debt. They can be voluntary with the homeowner (or property owner) choosing to use their property as collateral or involuntary if the court has ordered the lien against the owner’s wishes. (CCP § 697.320)

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Can someone foreclose on a property during a partition action?

Published on: May 25, 2022 | By Underwood Law Firm, P.C.

While the brief answer is “yes,” the issue is a bit complicated, like many things in the real estate litigation world.

Who is a proper party to a partition action?

Generally, any person claiming an interest in a piece of real estate must be joined in the action in order to fully settle all issues with respect to that property. If a person is not joined, then the court case is not binding, or res judicata, with respect to that person. As such, a partition action includes not only all title owners but also any companies claiming a mortgage interest.

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