In my absence, and not "serviced" to the location I resided at, I had a Judgement granted against me by SC of San Diego County entered in 2/18/200, recorded in 4/14/2000.
5 years later, when I was made aware of this, I disputed it verbally, and have never made payment.
I married in 2008 and moved into my wife's home. I am not on the deed.
When trying to refi, my wife noticed that a lien was placed on the home for my judgement.
Is this legal, given the judgement wasn't against her, and I am NOT on the Abstract of the home?
Secondly, It is 5/7/2010, over 10 years since that original judgement. To my knowledge the original judgement has NOT been renewed.
Can they re-file the original judgement if it is outside the 10 year re-filing window?
A lien is not placed on the home. An abstract of judgment is recorded against you in the county. If you engage in any transaction in which title is involved they pick up the abstract and report it on property they think you have an interest in. If your wife still wants to refi fight with title to remove the lien from her title report.
You are correct that judgment has expired if not renewed within 10 years. They cannot refile beyond the 10 years
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If the judgment holder is late, there is not supposed to be any renewal and the existing lien is not enforceable. You should get a copy of the judgment and failure to renew to present to the title company so that they know the abstract of judgment is no longer valid. I have a legal guide that shows you how to access your case records on line, and San Diego County has a pretty good amount of information online for free. That is in the link, below. Since the judgment was before you married, it is your separate property, and cannot be enforced against your wife's separate property, which the facts you provided indicate her house is her separate property. I would need to know more and see actual documents of title to give any legal opinion. This posting is not a legal opinion on your specific situation.
