Legal Question in Real Estate Law in California

Lien Release Requirements

If a loan is paid off what are the requirements for releasing any liens on the property? Is it State?County defined?


Asked on 6/09/09, 4:32 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Lien Release Requirements

The lender or trustee would normally record a full reconveyance with the county recoorder.

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Answered on 6/09/09, 4:37 pm
David Gibbs The Gibbs Law Firm, APC

Re: Lien Release Requirements

It is a function of the contract you have with your lender. Your contract with the lender should provide that upon the complete repayment of the underlying loan, the lender shall request of the Trustee who is named in the Deed of Trust (the document creating the lien against the home), that it "reconvey" the deed of trust, or release it from the property. The Trustee must then prepare and record that release, however, they generally charge the lender a fee for doing so. That is assuming, of course, that it is real estate and not a manufactured home or mobilehome, in which case the lender need only provide you (the owner) with a lien satisfaction which the homeowner must take to HCD to remove the lienholder.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 6/09/09, 5:50 pm


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