Fremont, CA asked in Real Estate Law for California

Q: What do I need to file to see a judge to release a lien?

My dad left me a 1960's single wide he purchased in 1995.

The loan was a 5 year loan and he was proud of it being paid off. Now when I'm trying to get/ transfer the title I find the lien holder is still on the title. Lien holder is no longer in this business. What do I need to file to see a judge?

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1 Lawyer Answer
James A. Greer
James A. Greer
  • Boulder, CO
  • Licensed in California

A: Expired Mortgage Lien Claimant: The "judge" route will be an action filed in your jurisdiction's Superior Court - difficult in this situation, not based on the law or the facts (that's the easy part of your claim), but in trying show "proof of service" in connection with your lawsuit. If the lien holder is nowhere to be found, you'll be forced to achieve service via "publication" (that's time consuming and expensive, unfortunately). If there were "title insurance" involvement (doubtful in this instance - a single wide ? was there ever title insurance for that kind of chattel ? again, probably not) then the title company would be required to clear your title. Here, it appears you'll need to go the full route at Superior Court.

JIM GREER is an attorney licensed to practice in CA and CO and has specialized in real estate and construction matters for the past 34 years; nothing herein shall be construed as the offering of legal advice insofar as Mr. Greer is not in an attorney-client capacity with the inquiring party. 858.481.9006

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