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Judgment Domesticated in California

I live in California. Can a lien-holder foreclose on real property? Can it garnish rental income? What are my rights?

I have a deficiency judgment from an Idaho bank that will be levied shortly on my personal residence and a commercial office building, both in California. Each property has four loans against it. Can the Idaho bank force a sale of either property or do they just record the lien? Can they seize the income stream from the commercial building?

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Bill's Answer
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In some states, a lien-holder has the right to foreclose on real property. California is not one of those states.

Regarding the rental income, as I read California Civil Procedure Section 706.010-706.011 and Section 706.05 and Section 703.010-703.150, rental income is not a wage under California law. Therefore, it may not be garnished.

See the resource California Collection Laws for a discussion of California's laws in this area. See also Domesticate a Judgment to learn more about domesticating a judgment.

However, I hasten to add that there may be facts particular to your situation that you did not disclose, and my observations here are not legal advice. Consult with a California attorney who can review your situation in detail.

I hope this information helps you Find. Learn & Save.



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