Orr v. Byers

California Court of Appeal · Property

PropertyConstructive noticeJudgment liensIdem sonanspropertyjudgment lienabstract of judgmentconstructive notice

Facts

Orr obtained a judgment against William Elliott, but the written judgment identified him incorrectly as "William Duane Elliot." The recorded abstract of judgment also used incorrect spellings, identifying him as "William Duane Elliot" and "William Duane Eliot," and it was indexed only under those names. Elliott later acquired and sold property to Byers, but a title search did not disclose Orr's abstract, so the preliminary title report omitted Orr's lien and the lien was not paid from the sale proceeds. Orr then sought declaratory relief amounting to judicial foreclosure of his judgment lien, arguing the defendants had constructive notice under idem sonans.

Issue

Does a recorded abstract of judgment that misspells the judgment debtor's name impart constructive notice of the lien's contents under the doctrine of idem sonans? More specifically, may good faith purchasers for value be charged with record notice based on alternative spellings of the same-sounding name?

Rule

The doctrine of idem sonans remains viable for purposes of identification when names are pronounced practically alike, but it does not apply where the written name is material. In California, it does not extend to giving constructive notice to good faith purchasers for value from a recorded abstract of judgment containing a misspelled debtor name.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Sacramento, Lena Park obtained a money judgment against Daniel Sorensen. Her lawyer recorded an abstract of judgment listing the debtor as "Daniel Sorenson," and the recorder indexed it only under that spelling. Two years later, Maya Flores purchased Daniel Sorensen's duplex for fair value after a routine title search under "Sorensen" revealed no judgment lien.

Is Maya most likely charged with constructive notice of Lena's lien?

Explanation. The majority rule is that idem sonans may help establish identity, but it does not extend to giving constructive notice to good faith purchasers for value from a recorded abstract of judgment containing a misspelled debtor name. In the record-notice context, the written name is material, and the burden remains on the judgment creditor to record the debtor's correct name.