Wilkinson

— The Wilkinsons appeal from an adverse judgment in their action for damages based upon the alleged negligence of respondents.

This action arises out of a declaration of homestead recorded on the real property located in Los Angeles County occupied by appellants as their residence. The declaration was prepared by respondent James B. Rives, an attorney at law, was signed and acknowledged by appellants on September 18, 1968, and duly recorded on September 20, 1968. The declaration did not contain the optional affidavit provided for in Civil Code section 1263, subdivision 4.

In 1967 both a first deed of trust and a second deed of trust were executed by appellants, securing indebtedness in the amounts of $51,000 and $7,950, respectively, and were duly recorded against the subject property. A notice of default under the second deed of trust was recorded on April 30, 1975, and a notice of default under the first deed of trust was recorded on August 22, 1975.

After the declaration of homestead was recorded in 1968, abstracts of judgment representing 14 separate judgments, together with 3 federal and state liens, were recorded in Los Angeles County, showing one or both of the…