Conveyance of real property in alaska code#
Related thereto, Code of Civil Procedure § 697.390(a), entitled “Interest subject to lien transferred or encumbered,” provides that:
Specifically, Code of Civil Procedure § 697.310, entitled “Creation and duration of lien generally,” provides in Subsection (a) that: “Except as otherwise provided by statute, a judgment lien on real property is created under this section by recording an abstract of a money judgment with the county recorder.” In turn, Subsection (b) explains that: “Unless the money judgment is satisfied or the judgment lien is released, subject to Section 683.180 (renewal of judgment), a judgment lien created under this section continues until 10 years from the date of entry of the judgment.” Property Transferred After a Judgment Lien Remains Subject to that Judgment Lien 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 697.390 541(c)(2) (Bankruptcy Code), as that paragraph reads on September 15, 2004, or as it may be amended in the future.5. A provision in a trust instrument that provides the restrictions described in this subsection is considered to be a restriction that is a restriction on the transfer of the transferor’s beneficial interest in the trust and that is enforceable under applicable nonbankruptcy law within the meaning of 11 U.S.C. Payment or delivery of the interest to the beneficiary does not include a beneficiary’s use or occupancy of real property or tangible personal property owned by the trust if the use or occupancy is in accordance with the trustee’s discretionary authority under the trust instrument. (a) A person who in writing transfers property in trust may provide that the interest of a beneficiary of the trust, including a beneficiary who is the settlor of the trust, may not be either voluntarily or involuntarily transferred before payment or delivery of the interest to the beneficiary by the trustee.
Value & Reasonably Equivalent Value (REV).
0 kommentar(er)
