![]() ![]() The parties to the purchase and sale transaction (the Transaction) also agreed to have First American act as the escrow agent for the transfer of the Property. Respondent employed First American Title Company (First American), located in Eureka, California, as his title insurance company. Prior to the end of July 1999, Cloney and his second wife entered into a purchase and sale agreement to sell respondent the Property. The dissolution judgment was properly indexed and cross-indexed under the names of the two parties to the judgment as "James Michael Cloney" and "Dana J. On June 30, 1997, appellant recorded the dissolution judgment in the Humboldt County Recorder's Office at 1997-15460-7 of the Official Records of the County of Humboldt. In April 1991, Cloney had title to a parcel of real property (the Property) located at 3222 High Street in the City of Eureka conveyed to himself and his new wife in joint tenancy, using the name "Mike" Cloney rather than his full name of James Michael Cloney. Īt some point after his divorce from appellant, Cloney remarried. As of September 30, 1999, the total arrearages of child and spousal support owed by Cloney to appellant, including accrued interest, amounted to $17,279.61. The dissolution judgment ordered Cloney to pay appellant $100 per month in child support, plus $200 per month as spousal support for a period of three years. Gregg was terminated effective September 21, 1984, by a judgment of dissolution filed on September 26, 1984. ![]() The marriage of James Michael Cloney (hereafter Cloney) and appellant Dana J. We therefore reverse the order quashing appellant's levy on the subject real property and denying her application for an order of sale thereof. ![]() We conclude that it does, and that the trial court erred as a matter of law in determining otherwise. Thus, the question presented in this appeal is whether a valid judgment lien, properly recorded against a judgment debtor under one name, imparts constructive notice to a subsequent purchaser of real property from the same judgment debtor using a different name, where the purchaser's escrow agentacting within the course and scope of her dutiesgains actual knowledge of both of the names used by the seller. Launer as the subsequent purchaser of real property from that same judgment debtor holding title to the subject property under the name "Mike Cloney," even though respondent's escrow agent acquired knowledge prior to close of escrow that James Michael Cloney and Mike Cloney were and are one and the same person. Gregg and duly indexed under the name of the judgment debtor, appellant's former spouse James Michael Cloney, was not constructive notice to respondent Lloyd A. In this case, the trial court found that a dissolution judgment properly recorded by appellant Dana J. No appearance for Respondent James Michael Cloney. Metzger and Ezra Eli Borntrager for Appellant. J., with Corrigan and Parrilli, JJ., concurring.)Ĭhristopher G. JAMES MICHAEL CLONEY, Respondent LLOYD A. In re the Marriage of JAMES and DANA CLONEY.ĭANA J. ![]()
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