12/29/2023 0 Comments Conveyance of real property in alaska![]() ![]() This system allowing judgment creditors to maintain their lien after a transfer of real property is set forth by statute. Recording an Abstract of Judgment Creates a Lien on All Real Property in that County for 10 Years – Code of Civil Procedure § 697.310 Despite these challenges, this article by an experienced California real estate attorney presents various methods to sell or transfer the property without the lien, or to resolve a lien that is already on the property with or without the creditor’s consent. This means that, when the owner of a property that is subject to a judgment lien transfers their interest in that property, the new owner(s) take that property subject to that judgment lien under California’s first in time, first in right system of recording. This creates a problem for sellers who acquire a property subject to a judgment lien and for debtors with a judgment lien that has attached to their real estate. When a creditor records an abstract of judgment in California, a lien is created that attaches to all real property in the name of the debtor in the counties where the abstract is recorded. Contact a Skilled Lien Priority Lawyer in California Recording Priorities when Real Property is Transferred After an Abstract of Judgment is Recorded under California Code of Civil Procedure Section 697.390 ![]() (D) in return for other consideration sufficient to support a contract.5. (C) by accepting delivery of the real property under a contract that is for the purchase of the real property and that existed before the delivery or (B) as security for or in total or partial satisfaction of a claim that existed before the giving of the security (A) in return for a binding commitment to extend credit (5) “value” means acquisition of property (4) “real property” includes an interest in real property (3) “purchaser” means a person who acquires real property by sale, lease, mortgage, pledge, or lien, or who otherwise deals with real property in a voluntary transaction other than by making a gift (2) “conveyance” means a conveyance made before, on, or after Aug (C) has acted in good faith in the purchase transaction (B) does not have notice of an adverse claim by a beneficiary of the trust and (A) has not knowingly been a party to fraud or illegality affecting the interest of persons who are parties to the purchase transaction or beneficiaries of the trust (1) “bona fide purchaser” means a person who purchases real property for value from a trust and who ![]() (d) Notwithstanding other provisions of law, a trust instrument may not change the effect of (c) of this section. (c) Real property that is owned by a trust and that is purchased by a bona fide purchaser from a person in the person's capacity as trustee of the trust is acquired free of any claim of the beneficiaries of the trust. (b) In a conveyance under (a) of this section, notice of the existence of the trust does not affect the status of a purchaser as a bona fide purchaser. A trustee of a trust may convey real property from a trust whether or not a trustee of the trust is named as a grantor in the instrument of conveyance. (a) A person, including a trustee, may convey real property to a trust whether or not a trustee of the trust is named as a grantee in the instrument of conveyance. ![]()
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