Tuesday, May 15, 2018
County Line Holdings v. McClanahan
Cal.App. 2nd Dist. (B278790) 5/2/18
The court held that Probate Code Section 366.2, requiring an action against a decedent to be commenced within one year of death, does not apply to judgment liens. Rather the lien continues for its statutory duration. Probate Code Section 9300 terminates the right of the creditor to enforce the judgment lien by execution and sale. But the judgment creditor has two options: Either file a timely claim in the estate probate proceeding and seek a deficiency (the priority of the lien will be protected) or, without filing a claim, bring an action to foreclose the lien during its statutory duration, waiving any right to a deficiency.