Riverbank, CA asked in Estate Planning, Real Estate Law and Probate for California

Q: How do I remove a old loan lien from a company no longer around?

I inherited a house which was owned free and clear I had a lawyer help me through probate and paid of taxes and everything was put in my name and I have a the grant deed. I recently went for a home loan of credit and they are telling me theres a lien on the house, but the loan company that put it is no longer around. And I'm pretty sure it was just left after being paid off. What do I do?

2 Lawyer Answers
Yelena Gurevich
Yelena Gurevich
Answered
  • Estate Planning Lawyer
  • Studio City, CA
  • Licensed in California

A: you will likely need to hire a real estate lawyer to review title and all documents and possibly prepare a quiet title action.

Howard E. Kane
PREMIUM
Howard E. Kane
Answered
  • Estate Planning Lawyer
  • Oakland, CA
  • Licensed in California

A: I agree that a quiet title action may be necessary. A quiet title action is a judicial proceeding whereby a party seeks to establish an interest of record in real property (e.g., ownership through adverse possession, a prescriptive easement), or remove liens and encumbrances affecting title (e.g., an expired mechanic’s lien, a deed of trust). A quiet title action is a last resort and will take time through the court sytem. I would lean on the title company to dig further into the matter and see if they can get the lien removed.

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