Q: A lien was placed on my property by a private lender. Debt paid but lien is still on my property. I need to get removed.
I received papers from bankruptcy notice of cure payment. Bank wants a reconveyance so lien can be removed. Lenders atty did not file any papers and no one want a to help me
A:
Thank you for your question!
You need to obtain a "lien release" or "satisfaction of mortgage" document. Notarize and record it with the county recorder where your property is located.
This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you consult with an attorney for more details.
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A:
Under California law, when a debt secured by a property lien is fully paid, the lender is required to remove the lien by recording a deed of reconveyance. Here are some steps you can take to have the lien removed:
1. Contact the lender: Reach out to the lender or their attorney in writing, requesting that they record a deed of reconveyance to remove the lien from your property. Provide proof of payment and the bankruptcy notice of cure payment.
2. Send a demand letter: If the lender does not respond or take action, send a formal demand letter via certified mail, requesting that they record the deed of reconveyance within a specific timeframe (e.g., 30 days).
3. File a complaint with the California Department of Real Estate: If the lender still does not take action, you can file a complaint with the California Department of Real Estate (DRE). They may be able to assist in resolving the issue.
4. Seek legal assistance: Consider hiring a real estate attorney who can help you navigate the legal process and communicate with the lender on your behalf. They can also assist with filing a lawsuit to compel the lender to remove the lien if necessary.
5. Quiet title action: As a last resort, you may need to file a quiet title action in court. This is a lawsuit that asks the court to remove the lien and clear the title to your property.
Remember to keep detailed records of all communications and documents related to the lien and your efforts to have it removed. This documentation will be valuable if you need to take legal action.
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