2010 California Code
Code of Civil Procedure
Article 2. Judgment Lien On Real Property

CODE OF CIVIL PROCEDURE
SECTION 697.310-697.410



697.310.  (a) 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.
   (b) 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.
   (c) The creation and duration of a judgment lien under a money
judgment entered pursuant to Section 117 or 582.5 of this code or
Section 16380 of the Vehicle Code or under a similar judgment is
governed by this section, notwithstanding that the judgment may be
payable in installments.


697.320.  (a) A judgment lien on real property is created under this
section by recording an abstract, a notice of support judgment, an
interstate lien form promulgated by the federal Secretary of Health
and Human Services pursuant to Section 652(a)(11) of Title 42 of the
United States Code, or a certified copy of either of the following
money judgments with the county recorder:
   (1) A judgment for child, family, or spousal support payable in
installments.
   (2) A judgment entered pursuant to Section 667.7 (judgment against
health care provider requiring periodic payments).
   (b) Unless the money judgment is satisfied or the judgment lien is
released, a judgment lien created under paragraph (1) of subdivision
(a) or by recording an interstate lien form, as described in
subdivision (a), continues during the period the judgment remains
enforceable. Unless the money judgment is satisfied or the judgment
lien is released, a judgment lien created under paragraph (2) of
subdivision (a) continues for a period of 10 years from the date of
its creation. The duration of a judgment lien created under paragraph
(2) of subdivision (a) may be extended any number of times by
recording, during the time the judgment lien is in existence, a
certified copy of the judgment in the manner provided in this section
for the initial recording; this rerecording has the effect of
extending the duration of the judgment lien created under paragraph
(2) of subdivision (a) until 10 years from the date of the
rerecording.


697.330.  (a) In the case of a money judgment entered on an order,
decision, or award made under Division 4 (commencing with Section
3200) of the Labor Code (workers' compensation):
   (1) If the judgment is for a lump sum, a judgment lien on real
property is created by recording an abstract of the judgment as
provided in Section 697.310 and, except as otherwise provided in
Division 4 (commencing with Section 3200) of the Labor Code, the
judgment lien is governed by the provisions applicable to a judgment
lien created under Section 697.310.
   (2) If the judgment is for the payment of money in installments, a
judgment lien on real property is created by recording a certified
copy of the judgment as provided in Section 697.320 and, except as
otherwise provided in Division 4 (commencing with Section 3200) of
the Labor Code, the lien is governed by the provisions applicable to
a judgment lien created under Section 697.320.
   (b) Nothing in this section limits or affects any provision of
Division 4 (commencing with Section 3200) of the Labor Code.




697.340.  Except as provided in Section 704.950:
   (a) A judgment lien on real property attaches to all interests in
real property in the county where the lien is created (whether
present or future, vested or contingent, legal or equitable) that are
subject to enforcement of the money judgment against the judgment
debtor pursuant to Article 1 (commencing with Section 695.010) of
Chapter 1 at the time the lien was created, but does not reach rental
payments, a leasehold estate with an unexpired term of less than two
years, the interest of a beneficiary under a trust, or real property
that is subject to an attachment lien in favor of the creditor and
was transferred before judgment.
   (b) If any interest in real property in the county on which a
judgment lien could be created under subdivision (a) is acquired
after the judgment lien was created, the judgment lien attaches to
such interest at the time it is acquired.



697.350.  (a) Except as otherwise provided by statute, a judgment
lien on real property is a lien for the amount required to satisfy
the money judgment.
   (b) A judgment lien on real property created under a money
judgment payable in installments pursuant to Section 116.620 or 582.5
of this code or Section 16380 of the Vehicle Code or under a similar
judgment is in the full amount required to satisfy the judgment, but
the judgment lien may not be enforced for the amount of unmatured
installments unless the court so orders.
   (c) A judgment lien created pursuant to Section 697.320 is a lien
for the amount of the installments as they mature under the terms of
the judgment, plus accrued interest and the costs as they are added
to the judgment pursuant to Chapter 5 (commencing with Section
685.010) of Division 1, and less the amount of any partial
satisfactions, but does not become a lien for any installment until
it becomes due and payable under the terms of the judgment.



697.360.  (a) If a judgment lien on real property has been created
under a money judgment that is thereafter modified as to its amount,
an abstract of the modified judgment or a certified copy of the order
modifying the judgment may be recorded in the same manner as an
abstract of judgment or a certified copy of the judgment is recorded
to create a judgment lien.
   (b) If a judgment lien on real property has been created under a
money judgment that is thereafter modified to reduce its amount, the
judgment lien continues under the terms of the judgment as modified,
whether or not the modification is recorded as provided in
subdivision (a).
   (c) If a judgment lien on real property has been created under a
money judgment that is thereafter modified to increase its amount,
the judgment lien continues under the terms of the original judgment
until such time as the modification is recorded as provided in
subdivision (a). Upon such recording, the judgment lien extends to
the judgment as modified, but the priority for the additional amount
under the judgment as modified dates from the time the modification
is recorded.
   (d) Notwithstanding subdivision (c), if a judgment lien on real
property has been created under a money judgment, by recording of an
abstract of support judgment under paragraph (1) of subdivision (a)
of Section 697.320, and the support order is thereafter modified to
increase its amount, the judgment lien extends to the judgment as
modified without the need for recording of another abstract of
support judgment, but the priority for the additional amount under
the judgment dates from the time the modification is effective.
   (e) A support obligee shall respond in a timely manner to (1) a
title or escrow company request for a demand statement needed to
close an escrow relating to a support judgment lien, or (2) a support
obligor who claims an error exists in the amount of alleged arrears.
   (f) A support obligor who complies with the procedure specified in
Division 5 (commencing with Section 724.010) shall be entitled to
the remedies specified therein.



697.370.  (a) The judgment creditor may do either of the following:
   (1) Release from the judgment lien all or a part of the real
property subject to the lien.
   (2) Subordinate to another lien or encumbrance the judgment lien
on all or a part of the real property subject to the judgment lien.
   (b) A release or subordination is sufficient if it is executed by
the judgment creditor in the same manner as an acknowledgment of
satisfaction of judgment and contains all of the following:
   (1) A description of the real property being released or on which
the lien is being subordinated. If the judgment debtor does not have
an interest of record in the real property, the release or
subordination shall show the name of the record owner. If all of the
real property of the judgment debtor in a county in which the lien is
recorded is being released from the judgment lien, or if the
judgment debtor has no known interest in any real property in that
county, the release shall, in lieu of containing a description of the
property being released, contain a statement substantially as
follows: "This is a release from the judgment lien described herein
of all of the interests in real property in ____ County presently
owned or hereafter acquired of the herein named judgment debtor
subject to the lien."
   (2) The date the judgment lien was created and where in the
records of the county the abstract of judgment or certified copy of
the judgment was recorded to create the lien.
   (3) The title of the court where the judgment is entered and the
cause and number of the action.
   (4) The date of entry of the judgment and of any subsequent
renewals and where entered in the records of the court.
   (5) The name and address of the judgment creditor, the judgment
creditor's assignee, if any, and the judgment debtor whose interest
in real property is released from the judgment lien or with respect
to whom the judgment lien is subordinated.
   (c) A release or subordination substantially complying with the
requirements of this section is effective even though it contains
minor errors that are not seriously misleading.
   (d) The execution of a release or subordination of a judgment lien
pursuant to this section does not release or subordinate the
judgment lien as to judgment debtors not named in the release
pursuant to paragraph (5) of subdivision (b).



697.380.  (a) As used in this section:
   (1) "Installment judgment lien" means a judgment lien created
under Section 697.320.
   (2) "Lump-sum judgment lien" means a judgment lien created under
Section 697. 310.
   (b) Except as otherwise provided by law, the rules stated in this
section govern the priorities of judgment liens on real property.
   (c) A lump-sum judgment lien has priority over any other lump-sum
judgment lien thereafter created.
   (d) A lump-sum judgment lien has priority over an installment
judgment lien as to all of the following:
   (1) Installments that mature on the installment judgment after the
lump-sum judgment lien is created.
   (2) Interest that accrues on the installment judgment after the
lump-sum judgment lien is created.
   (3) Costs that are added to the installment judgment after the
lump-sum judgment lien is created.
   (e) An installment judgment lien has priority over a lump-sum
judgment lien as to all of the following:
   (1) Installments that have matured on the installment judgment
before the lump-sum judgment lien is created.
   (2) Interest that has accrued on the installment judgment before
the lump-sum judgment lien is created.
   (3) Costs that have been added to the installment judgment before
the lump-sum judgment lien is created.
   (f) If an installment judgment lien has been created and another
installment judgment lien is thereafter created, the first
installment judgment lien has priority over the second installment
judgment lien as to the installments that have matured on the
judgment at the time the second installment judgment lien is created,
the interest that has accrued prior to that time on the judgment,
and the costs that have been added prior to that time to the judgment
pursuant to Chapter 5 (commencing with Section 685.010) of Division
1. Thereafter, priorities are determined by the time at which each
installment matures on a judgment, the time the interest accrues on a
judgment, and the time costs are added to a judgment pursuant to
Chapter 5 (commencing with Section 685.010) of Division 1.
   (g) For the purposes of this section, if two judgment liens attach
to the same property at the same time under subdivision (b) of
Section 697.340 (after-acquired property), the judgment lien that was
first created has priority as to all amounts that are due and
payable on that judgment at the time the property is acquired.




697.390.  If an interest in real property that is subject to a
judgment lien is transferred or encumbered without satisfying or
extinguishing the judgment lien:
   (a) The interest transferred or encumbered remains subject to a
judgment lien created pursuant to Section 697.310 in the same amount
as if the interest had not been transferred or encumbered.
   (b) The interest transferred or encumbered remains subject to a
judgment lien created pursuant to Section 697.320 in the amount of
the lien at the time of transfer or encumbrance plus interest
thereafter accruing on such amount.



697.400.  (a) The judgment creditor, judgment debtor, or owner of
real property subject to a judgment lien on real property created
under Section 697.310, may record in the office of the county
recorder an acknowledgment of satisfaction of judgment executed as
provided in Section 724.060 or a court clerk's certificate of
satisfaction of judgment issued pursuant to Section 724.100. Upon
such recording, the judgment lien created under the judgment that has
been satisfied is extinguished as a matter of record.
   (b) The judgment creditor, judgment debtor, or owner of real
property subject to a judgment lien on real property created under
Section 697.320, may record in the office of the county recorder an
acknowledgment of satisfaction of matured installments under an
installment judgment if the acknowledgment is executed as provided in
Section 724.250. Upon such recording, the judgment lien is
extinguished as a matter of record to the extent of the satisfied
installments described in the acknowledgment of satisfaction.
   (c) The judgment creditor, the judgment debtor, or the owner of
real property subject to a judgment lien, including a property owner
described in Section 697.410, may record in the office of the county
recorder a release or subordination of a judgment lien on real
property if the release or subordination is executed as provided in
Section 697.370.



697.410.  (a) If a recorded abstract of a money judgment or
certified copy of a money judgment appears to create a judgment lien
on real property of a person who is not the judgment debtor because
the name of the property owner is the same as or similar to that of
the judgment debtor, the erroneously identified property owner may
deliver to the judgment creditor a written demand for a recordable
document releasing the lien. The demand shall be accompanied by proof
to the satisfaction of the judgment creditor that the property owner
is not the judgment debtor and that the property is not subject to
enforcement of the judgment against the judgment debtor.
   (b) Within 15 days after receipt of the property owner's demand
and proof satisfactory to the judgment creditor that the property
owner is not the judgment debtor and that the property is not subject
to enforcement of the judgment, the judgment creditor shall deliver
to the property owner a recordable document releasing the lien on the
property of such owner. If the judgment creditor improperly fails to
deliver a recordable document releasing the lien within the time
allowed, the judgment creditor is liable to the property owner for
all damages sustained by reason of such failure and shall also
forfeit one hundred dollars ($100) to the property owner.
   (c) If the judgment creditor does not deliver a recordable
document pursuant to subdivision (b), the property owner may apply to
the court on noticed motion for an order releasing the judgment lien
on the property of such owner. Notice of motion shall be served on
the judgment creditor. Service shall be made personally or by mail.
Upon presentation of evidence to the satisfaction of the court that
the property owner is not the judgment debtor and that the property
is not subject to enforcement of the judgment, the court shall order
the judgment creditor to prepare and deliver a recordable document
releasing the lien or shall itself order the release of the judgment
lien on the property of such owner. The court order may be recorded
in the office of the county recorder with the same effect as the
recordable document demanded by the property owner.
   (d) The court shall award reasonable attorney's fees to the
prevailing party in any proceeding maintained pursuant to this
section.
   (e) The damages provided by this section are not in derogation of
any other damages or penalties to which an aggrieved person may be
entitled by law.


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