Moore v. Hall

California Court of Appeal Apr 10, 1967 No. Civ. 8307Published

Before: McCABE

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Holding. When a successor-in-interest to a judgment debtor exercises the statutory right of redemption following an execution sale, title vests in the redemptioner free of the lien created by the recorded abstract of judgment, thereby exhausting the judgment creditor's rights against that property.

Issues

Whether a judgment creditor's lien on real property is extinguished when a successor-in-interest to the judgment debtor redeems the property following an execution sale.
Whether a trial court is required to make specific findings of fact on the legal effect of a recorded abstract of judgment.

Disposition. affirmed

Quotations verified verbatim against the opinion

“when the right to redeem has been exercised by a successor-in-interest to the judgment debtor, title is vested in that redemptioner free of the lien created by the recorded abstract of judgment.”

“Plaintiff’s lien rights on the real property were exhausted when defendant Jerry C. Hall granted his right of redemption to Ida Hall and she redeemed the real property for the amount paid by plaintiff at the June 8, 1962, execution sale.”

McCABE, P. J.

Appeal from judgment quieting title to certain real property and enjoining plaintiff from claiming any right, title, or interest in this property, entered in the Superior Court in and for the County of San Bernardino.

Prom the facts which may be gleaned from the judgment roll, it appears Jerry C. Hall; his wife, Ida May Hall; and his daughter, Patricia Hall Allen, the three named defendants herein, in 1960 became owners, as joint tenants, of a subdivided lot in Lynnerest Heights in San Bernardino County. On April 13, 1961, the plaintiff obtained a judgment in the Superior Court of Los Angeles County in the sum of $7,348.49 against several defendants, including Jerry C. Hall, one of the defendants herein.

On April 20, 1961, an abstract of this judgment was recorded in San Bernardino County. Moore, the judgment creditor, on April 19, 1962, caused the sheriff to levy a writ of execution against the Lynnerest Heights lot. Just prior to the levy and on April 4, 1962, a declaration of homestead on this lot was recorded by Jerry C. and Ida May Hall.

Pursuant to this writ the sheriff caused to be published a notice of intention to sell Jerry C. Hall’s interest in this lot at public sale on Friday, June 8, 1962. At that sale, held at the time and place specified by the sheriff, the property was purchased by the plaintiff for $100. Thereafter the judgment debtor, Jerry C. Hall, executed a grant deed of said property to his wife, Ida May Hall, which deed was recorded on February 20, 1963. After recording of this deed, the grantee, Ida May Hall, on May 14, 1963, and prior to the expiration of one

[28]

year, redeemed the lot from the sale to the judgment creditor, the plaintiff herein.

Thereafter the judgment creditor, Moore, learning of the redemption, again caused the interest of Jerry CL Hall in the property to be sold at a sheriff’s sale on August 23, 1963. He was again the purchaser at the August 23, 1963, sale. Finally on September 22, 1964, the judgment creditor instituted the present action to quiet title to and partition and sell the Lynncrest Heights lot. A lis pendens was filed simultaneously. An abstract of title litigation report was obtained by Moore pursuant to Code of Civil Procedure, section 799. In this action, the defendant and judgment debtor, Jerry C. Hall, filed a disclaimer of any right, title or interest in the property. From a judgment in favor of defendants Patricia Hall Allen and Ida May Hall, the plaintiff appeals.

Moore v. Hall

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