How can I get a property lien released in California?

A lien may be filed against a property when the owner fails to pay a debt to another person or company. The creditor may place a property lien for the entire amount they are owed by the debtor. This results in real property being used as collateral to guarantee payment of the debt. Often times, homeowners may be faced with a lien when they fail to pay their property taxes.

Getting a Property Lien Released in California

The State of California requires all claimants to give notice to the debtor letting them know of their intentions to file a property lien. They can do this by filing a “Notice of Judgment Lien” with the California Secretary of State’s office. If the debtor fails to satisfy the debt, the creditor must then file a court action within 90 days in order for the lien to be enforceable. The Ca real estate law on release of liens against a property requires the claimant to release the lien once the obligation has been paid in full. All property liens in California become null and void after 10 years has passed.

When to Dispute a Property Lien

The law requires all debtors to be notified in advance of any pending property liens. Once they receive this notice, they can file a motion with the court disputing the claim. For example, tax liens are sometimes placed on properties by mistake. In other cases, the amount of taxes due may be in question. Property owners may be able to get a lien released if they can prove that the taxes were paid in full but accidentally credited to another property by mistake.

When to Hire a California Real Estate Lawyer

Even when a property owner satisfies a property lien, they must make sure that all of the required paperwork is properly filed with the county recorder’s office. If you believe that a lien has been unjustly filed against your property, you should contact a real estate attorney for help in disputing the claim.