Money Judgments - Homeowner Associations

A Money Judgment is an order from a court that a person pay the association a specific amount of money which the court awarded to the association as damages, delinquent assessments and reimbursement of costs incurred by the association for repairs. Money judgments are enforceable for a period of ten years and are renewable for an additional ten years.

An Abstract of Judgment is a written summary of the Money Judgment. The Abstract states how much money was awarded to the association, the interest rate to be paid on the judgment amount, and any court costs that were awarded.

Once an association obtains a Money Judgment against a delinquent homeowner, any existing assessment lien on the property is automatically extinguished and must be replaced with a judgment lien in order for the association to preserve its legal rights.

Before it can be recorded, an Abstract of Judgment must be certified by the Clerk of the Court where the judgment was entered. The association may then record the Abstract of the Money Judgment with the County Recorder, in as many counties as desired.

A recorded Abstract of Judgment becomes a lien against all of the owner's real property in the counties where the Abstract is recorded. Judgment liens affect property already owned as well as any later acquired property owned by defendant. If the defendant does not pay the judgment, the Association can force a Sheriffs Sale of any real property encumbered by the lien, subject to any secured loans, tax liens and/or other judgments that may have priority over association's lien.

A Money Judgment can be used by an Association to garnish the delinquent owner's wages and levy against his or her bank accounts and other non-exempt personal property.

 

Eleven Ways to Collect a Court Judgment

Questions for Debtor's Examination

Documents Requested in a Subpoena

Pacific Association Collections

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