Legal Question in Real Estate Law in California

Re: death of a spouse/possible lein on home?

What kind of lien did the insurance company put on the house? Liens against real estate generally fall into three categories - mechanic's liens, judgment liens, and government liens for things like property taxes and income taxes. Private parties such as insurance companies cannot place liens willy-nilly just because they are big and powerful. Perhaps the insurance company has a judgment. Perhaps it is claiming status as a supplier of services or goods for home improvement, thus entitling it to a mechanic's lien.

Usually removing a lien and/or preventing a foreclosure action to enforce the lien depends upon the following:

(1) Determine the amount and nature of the lien.

(2) Decide whether the lien is valid or not.

(3) If the lien is not valid, discuss its removal with the party that placed it - employing an attorney is very helpful at this point.

(4) If the lien is valid, it will have to be paid. After payment, be sure the former lien holder records a full release of lien or satisfaction of judgment, as appropriate.