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§ 697.340.Lien Attaches to All Interest In Real Property In County Where Lien Attaches

Title 9. Enforcement of Judgments · Division 2 · Chapter 2. Liens · Article 2. Judgment Lien on Real Property · Last amended 1984 · Last verified July 28, 2026

In one sentenceSection 697.340 attaches a judgment lien on real property to every present, future, vested, contingent, legal, or equitable interest in real property the debtor holds in the county at the time the lien is created, that is otherwise subject to enforcement, excluding rental payments, short leaseholds, trust-beneficiary interests, and previously attached-then-transferred property, and reaches after-acquired interests the moment the debtor acquires them.

Full Text of § 697.340

Text sizeJump to: (a) (b)

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.

Plain-English Summary

Once a judgment lien on real property is created, § 697.340 defines exactly what it grabs. Subdivision (a) casts a wide net within one county: every interest in real property located in the county where the lien was created -- whether present or future, vested or contingent, legal or equitable -- that's otherwise subject to enforcement of the money judgment under Article 1 (commencing with § 695.010) of Chapter 1, as of the moment the lien was created.

That net excludes four specific things: rental payments, a leasehold estate with an unexpired term of less than two years, the interest of a beneficiary under a trust, and real property that's subject to an attachment lien in the creditor's favor and that was transferred before judgment -- property already covered by § 695.010(b)'s separate rule. Section 704.950 carves out its own additional exception from all of this.

Subdivision (b) extends the lien forward in time. If the debtor acquires, after the lien was created, an interest in county real property that could have supported a lien under subdivision (a), the lien attaches to that newly acquired interest the moment the debtor acquires it -- the creditor doesn't need to re-record anything to reach property the debtor picks up later.

Frequently Asked Questions

What kind of real property interests does a judgment lien reach?

Under § 697.340(a), every present or future, vested or contingent, legal or equitable interest in real property in the county where the lien was created, that's otherwise subject to enforcement under Article 1 of Chapter 1, subject to four listed exclusions and the exception in § 704.950.

Does the lien reach property the debtor acquires after the lien is created?

Yes. Section 697.340(b) attaches the lien to such after-acquired interests the moment the debtor acquires them.

What kinds of interests are excluded from the lien?

Rental payments, a leasehold with an unexpired term under two years, a trust beneficiary's interest, and real property subject to an attachment lien in the creditor's favor that was transferred before judgment.

Amendment History

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

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 28, 2026. · Official source
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