Legal Question in Real Estate Law in California

I am paying off my mortgage in about three years, but there is a $10k lien wrongfully attached to my home. What will happen when I pay off the mortgage and not pay the lien? Should this question be directed to the lender or county recorder?


Asked on 2/10/11, 9:33 pm

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Neither. The lender and the county recorder can't give you legal advice, and have no duty to advise you as to liens on your property.

If the lien is "wrongfully" attached, why don't you consider clearing the cloud from your title. You should at least consult with an attorney, as many of the lien clearing provisions in California's statutes provide for an award of attorney's fees if you have to clear an improper lien from your title.

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Answered on 2/11/11, 8:42 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I don't see any harm in contacting the lender, assuming the lien is lender-related or even was filed by the lender. That would fall under the general heading of "negotiate before you sue." An honest lender will realize its mistake and record a staisfaction of lien or other suitable document to rectify the situation.

If that doesn't work -- and it is a bit of a long shot -- then get a lawyer and see if she or he agrees that the lien is wrongful, and the action recommended.

Note that many kinds of liens expire after a certain time. There is generally no real need to try to expunge or satisfy an expired lien that can no longer be enforced.

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Answered on 2/11/11, 9:39 am


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