Ellrott v. Bliss

California Court of Appeal Oct 7, 1983 No. Civ. 67998Published

Before: Abbe

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Holding. The court held that the exclusive method for establishing a lien on real property for child and spousal support payments is through the procedures set forth in Code of Civil Procedure sections 674.5 or 697.320, and that an abstract of judgment recorded under section 674 is insufficient for this purpose.

Issues

Whether a judgment for periodic child and spousal support payments creates a lien on real property when an abstract of judgment is recorded pursuant to Code of Civil Procedure section 674.

Disposition. affirmed

Quotations verified verbatim against the opinion

“We hold that the exclusive method of establishing a lien on real property of the judgment debtor for child and spousal support payments ordered by a court was pursuant to section 674.5 and is now pursuant to section 697.320.”

“Even assuming appellant was correct in choosing section 674 in attempting to establish a lien against the real property of the judgment debtor, the abstract recorded was inadequate and its recording a nullity.”

Opinion

ABBE, J.

Appeal from a judgment quieting respondents’ title to real property and declaring lien claimed by appellant void.

The facts are not in dispute. On April 9, 1979, appellant obtained an interlocutory decree of dissolution of her marriage to Robert Bliss (Bliss). Appellant was awarded custody of their four minor children. On March 1,

[903]

1979, the court ordered Bliss to pay her $125 per month, per child, for child support and $600 per month spousal support. The spousal support was to continue for 60 consecutive months.

On October 2, 1980, appellant recorded an abstract of judgment in Ventura County pursuant to Code of Civil Procedure section 674.

The abstract contained the following language: “$125/mo perchild, Child Support, payable first day of each month, commencing March 1, 1979. $600/mo, Spousal support, payable first day of each month, commencing March 1, 1979, continuing for a total period of sixty (60) months.”

At the time of recording Bliss owned real property in Ventura County which he then sold to respondents. The escrow in the sale from Bliss to respondents closed on January 6, 1981, and the grant deed from Bliss to respondents was recorded that day.

Bliss did not make the spousal support payments from November 1979 through October 1980 and failed to make the child support payment in April 1979. At the time appellant recorded the abstract of judgment the total amount of child and spousal support arrearage was $7,700.

Neither respondent nor their title insurance company discovered the abstract of judgment. The net proceeds from the sale of the property from Bliss to respondents was paid to Bliss.

The issue in this case is whether appellant acquired a valid lien against the real property by recording the abstract of judgment. The trial court held she did not and we affirm.

In October 1980 section 674 provided in pertinent part: “An abstract of the judgment or decree of any court of this state, . . . may be recorded with the recorder of any county and from such recording the judgment or decree becomes a lien upon all the real property of the judgment debtor, not exempt from execution, in such county, owned by him at the time, . . .’’In

Ellrott v. Bliss

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ABBE, J.

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