What is the legal test for establishing a judgment lien on a property?

federal, United States of America

The following excerpt is from In re McDonell, 204 BR 976 (B.A.P. 9th Cir. 1996):

Section 697.310(a) of the California Code of Civil Procedure provides general direction concerning the creation and duration of judgment liens on real property. Section 697.310(a) states, "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. . . ." Cal.Civ.Proc. Code 697.310(a) (West 1995). It is uncontroverted that in order for certain state court judgments to create a lien on real property, an abstract of that judgment must be recorded. Id.; Kinney v. Vallentyne, 15 Cal.3d 475, 124 Cal.Rptr. 897, 541 P.2d 537, 538 (1975). However, because 697.310(a) is prefaced by the language "except as otherwise provided by statute," the California legislature opened the door for something other than the recording of an abstract of judgment to create a valid lien. We recognize that 697.320(a) and 697.330(a)(2), for example, fall under this exception by permitting the recordation of a certified copy of a money judgment to create a lien when the judgment is for family or spousal support, a judgment against a health care provider, or a workers' compensation judgment payable in installments.

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