Legal Question in Real Estate Law in California

After an abstract of judgement has been paid in full; I still have a lein against my house. I have sent out a request for a Release of Abstract Of Judgement but have heard no reply. How long does he have before I can sue? Is there some way of getting this taken care of through the courts by showing proof that I've paid?


Asked on 5/11/12, 4:00 pm

2 Answers from Attorneys

Matthew Mickelson Law Offices of Matthew C. Mickelson

If you paid off the judgment in full, the creditor is required to provide you with an Acknowledgment of Satisfaction of Judgment that you can record, and which will wipe out the lien. If they have not done so, you can demand it be provided; if they refuse, you can make a motion to require them to provide the Acknowledgement, and get attorney's fees if the motion is granted.

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Answered on 5/11/12, 4:08 pm

The statute says "immediately." Realistically, you have to give them a demand under Code of Civil Procedure section 724.050 which gives them 15 days to release the lien. The demand must contain specific language. If they fail to release the lien within 15 days after actual receipt of a proper demand, you file a motion under section 724.050(d) and they are liable for attorneys fees, any other damages, and a penalty of $100. If you need assistance with preparing a demand and/or filing a motion, please feel free to email me or give me a call. I can prepare a motion at little or no cost to you.

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Answered on 5/11/12, 6:26 pm


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