Article 2 - Judgment Lien on Real Property

California Code of Civil Procedure — §§ 697.310-697.420

Sections (12)

Amended by Stats. 1998, Ch. 931, Sec. 90. Effective September 28, 1998.

(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

Amended by Stats. 2002, Ch. 927, Sec. 1.5. Effective January 1, 2003.

(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

Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.

(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

Amended by Stats. 1984, Ch. 538, Sec. 18.

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

Amended by Stats. 2009, Ch. 140, Sec. 39. (AB 1164) Effective January 1, 2010.

(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

Amended by Stats. 1995, Ch. 583, Sec. 1. Effective January 1, 1996.

(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

Amended by Stats. 1987, Ch. 254, Sec. 1.

(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

Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.

(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

Amended by Stats. 1984, Ch. 538, Sec. 19.

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

Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.

(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

Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.

(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.

§ 697.420

Added by Stats. 2025, Ch. 708, Sec. 2. (AB 774) Effective January 1, 2026. Operative July 1, 2026, by its own provisions.

(a)A judgment creditor may apply to the court for an order reinstating a judgment lien on real property with the same priority it held immediately before it was released. Subject to subdivisions (b) and (c), the court shall grant the application. Upon entry of the order the clerk shall do the following:

(1)Note in the court’s records that the judgment is no longer satisfied to the extent of the returned funds or property.

(2)Issue to the judgment creditor a certificate and notice of reinstatement of judgment lien. The certificate of reinstatement of judgment lien shall identify the judgment and parties, the unsatisfied judgment amount, and the relevant recording or filing

information from the original abstract of judgment.

(b)(1) The application for reinstatement of a lien under subdivision (a) shall be filed with a declaration by the judgment creditor that includes and certifies all of the following:

(A) The title of the court, the case name and number, and the date and amount of the original judgment and any renewals thereof.

(B) A statement that the judgment creditor released a lien or liens in the reasonable belief that the money judgment was satisfied. This statement shall include:

(i)Information sufficient to identify the liens that were released, including the county or counties in which an abstract of judgment was recorded, and the recording dates and numbers of those recordings.

(ii) The details of any acknowledgment of full or partial satisfaction of judgment that was filed or entered as a result of the prior application of funds, including the date, county, and recording number of any acknowledgment of full or partial satisfaction of judgment recorded by the judgment creditor.

(C) A statement that after a lien was released, the judgment creditor was ordered pursuant to paragraph (2) or (3) of subdivision (d) of Section 703.580 to return to the judgment debtor property levied or wages garnished in satisfaction of the money judgment. A copy of the order shall be attached as an exhibit to the declaration.

(D) A statement that the judgment creditor returned, and the judgment debtor received, all property and wages ordered returned.

(E) A statement that but for the court’s order pursuant to paragraph (2) or (3) of subdivision (d) of Section 703.580, the money judgment would have been fully satisfied or that the property returned to the judgment creditor was identified in a recorded acknowledgment of full or partial satisfaction of judgment.

(F) A statement that the judgment creditor is not appealing the order to return funds pursuant to subdivision (d) of Section 703.580.

(2)Knowingly certifying the accuracy of false information under paragraph (1) shall be subject to a civil penalty of not more than one thousand five hundred dollars ($1,500).

(c)(1) The judgment creditor shall serve upon the judgment debtor by first-class mail to the address verified pursuant to paragraph (2) of subdivision (b) of Section

684.130 a copy of the application for an order reinstating a released lien.

(2)The judgment debtor may, within 15 days of service of the application, file a declaration stating that the funds or property identified by the judgment debtor pursuant to subparagraph (D) of paragraph (1) of subdivision (b) have not been returned.

(3)If a declaration under paragraph (2) is filed, the court shall deny the application and the judgment creditor shall file a noticed motion to be heard by the court in order to reinstate a lien and its priority.

(4)If no objection is filed under this subdivision, the clerk’s reinstatement of the lien and its priority shall be automatically effective.

(d)An application under this section shall be filed in the action in which the

judgment creditor was ordered, pursuant to paragraph (2) or (3) of subdivision (d) of Section 703.580, to return to the judgment debtor property levied or wages garnished in satisfaction of the money judgment.

(e)Attorney’s fees are not recoverable under this section.

(f)The judgment creditor may record the certificate in the same manner as an abstract of judgment, and that recordation shall have the effect of restoring the lien’s priority as if the prior release or satisfaction had not occurred.

(g)This section shall become operative on July 1, 2026.