§ 697.390.Interest Subject to Lien Transferred Or Encumbered Without Satisfying Or Extinguishing Lien
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 697.390 keeps real property transferred or encumbered without satisfying or extinguishing a judgment lien subject to that lien -- in the same full amount if the lien was created under § 697.310, or in the amount owed at the time of transfer plus later-accruing interest if the lien was created under § 697.320.
If an interest in real property that is subject to a judgment lien is transferred or encumbered without satisfying or extinguishing the judgment lien:
(a)The interest transferred or encumbered remains subject to a judgment lien created pursuant to Section 697.310 in the same amount as if the interest had not been transferred or encumbered.
(b)The interest transferred or encumbered remains subject to a judgment lien created pursuant to Section 697.320 in the amount of the lien at the time of transfer or encumbrance plus interest thereafter accruing on such amount.
Plain-English Summary
Transferring or mortgaging lien-encumbered real property doesn't erase the lien. Section 697.390 confirms the property stays subject to the judgment lien even after such a transfer or encumbrance, so long as the lien hasn't been satisfied or extinguished.
The amount that follows the property depends on which kind of lien is involved. If the lien was created under § 697.310 -- the standard lump-sum lien -- the transferred or encumbered interest remains subject to it in the same amount as if no transfer or encumbrance had occurred. If the lien was created under § 697.320 -- the support or periodic-payment lien -- the transferred or encumbered interest instead remains subject to it in the amount the lien had reached at the time of transfer or encumbrance, plus whatever interest accrues on that amount afterward.
Frequently Asked Questions
Does transferring lien-encumbered property get rid of the lien?
No, § 697.390 keeps the property subject to the lien as long as it hasn't been satisfied or extinguished.
How much of the lien follows the property after a transfer?
For a § 697.310 lump-sum lien, the same full amount as if no transfer occurred. For a § 697.320 support-style lien, the amount owed at the time of transfer plus interest accruing afterward.
Amendment History
Amended by Stats. 1984, Ch. 538, Sec. 19.
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
Also known as:judgment lien follows transferred property california