Judgment creditor with abstract filed against my home in California. Settled the debt. What verbage do I ask them 2 remove lien?

Bankruptcy 2 views 4 answers
I had a credit card that sued me and got a default judgment. Then, they filed an abstract of judgment with the county against my home. My question is, I am now in talks with their lawyer to settle the claim. What (beyond a release) do I need to ask them for to show that the judgment is satisfied by my payment and also that the lien is removed? I don't know the terminology.

Attorney Answers

4
Blake Brewer ·
Your settlement agreement should include language to that effect, within a certain period of time after the payment of the settlement check, creditor is to file a lien waiver with the appropriate county authority.
0 upvotes
Edna Straus ·
What is required is a satisfaction of judgement. http://www.courts.ca.gov/documents/sc290.pdf Make sure it is recorded in all counties where the original judgement was recorded.
0 upvotes
Richard Lysle ·
They will need to execute a Satisfaction of Judgment form. It will need to be filed with the court and recorded with the county recorder. There are other issues that you may want to negotiate, including deleting the negative on your credit report ("delete tradeline") and the amount that will be reported to the IRS on Form 1099-C.
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