edna_mode, almost everyone who has a living trust has it in their own name, i.e. “Gonzalez Family Trust.” They create the trust and then move all their assets into it, real property and otherwise. I have not seen a personal trust created that is not in the name of the trustee(s) but maybe this has been done.
I DO know of a couple of people I was doing asset searches on who took title to or transferred property they owned to fictitious names or an “LLC” they created solely to buy property under, obviously in attempt to avoid having a our clients’ judgement liens attach to it. However, this ownership is easily proven by a prevailing party in suit to a court to be a fraudulent transfer.
Sure, you can take title to real property under an entity you have created with the Secretary of State. But if this form of taking title is solely for the purpose of avoiding a judgment lien, then there is a high probability of it being found out and attached anyway, plus incurring court costs for yourself and the party you lost against in suit.
Pursuant to portions of CA Government Code section 6250 et. seq. (codified from Federal law), aka the “CA Public Records Act,” only certain individuals are entitled to have their property and property tax records blocked from public view as a matter of law by county recorders and assessors. In pertinent part, it states:
6254.21. (a) No state or local agency shall post the home address or telephone number of any elected or appointed official on the Internet without first obtaining the written permission of that individual.
(f) For purposes of this section, “elected or appointed official” includes, but is not limited to, all of the following:
(1) State constitutional officers.
(2) Members of the Legislature.
(3) Judges and court commissioners.
(4) District attorneys.
(5) Public defenders.
(6) Members of a city council.
(7) Members of a board of supervisors.
(8) Appointees of the Governor.
(9) Appointees of the Legislature.
(10) Mayors.
(11) City attorneys.
(12) Police chiefs and sheriffs.
(13) A public safety official, as defined in Section 6254.24.
(14) State administrative law judges.
(15) Federal judges and federal defenders.
(16) Members of the United States Congress and appointees of the President.
Practically speaking, if you walked into a CA county assessor or recorder’s office and asked to see records NOT shown on their computer system, absent a court order or search warrant, you would be denied.
I am not an attorney and this post does not constitute legal advice.
