Hayward, CA asked in Real Estate Law for California

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

Related Topics:
2 Lawyer Answers
Delaram Keshvarian
Delaram Keshvarian
  • Orange, CA
  • Licensed in California

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.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.