Legal Question in Real Estate Law in California

Disappearing Lien?

Hello,

As a condition of getting a refi loan, I quitclaimed my home to my father who was able to get a much better deal with his credit as sole borrower. He duly noted on the escrow forms a lien for 4K obtained in '00 by a roofing company in small claims. The firm filed for Chapter 11 shortly thereafter-and as recently as this January a call to the County Recorder confirmed its existence. However upon signing the final loan documents no lien was mentioned in the Settlement Statement. While I am cautiously holding reserves to cover the lien amount-I wonder where the mysterious lien went? Could the trustee have done something-The Title/Escrow is a top notch firm, it's unlikely they could overlook such a thing, after all, disclosing encumberances is a key duty.

I appreciate any ideas you may have regarding this scenario.

Thanks


Asked on 5/04/03, 4:36 pm

1 Answer from Attorneys
Jason Hsu Una Law Corporation

Re: Disappearing Lien?

My suggestion is that to be sure there is no lien being held against the property you would still want to check with the county recorder.

Also, you may want to check with the court to see if there has been a satisfaction of judgment filed.

This is general information that I hope has been helpful to you. However, you should always obtain legal counsel familiar with your specific circumstances. We may be able to assist you with your legal issues. If we can assist you in the future, please contact us at www.unalaw.com and somebody will assist you as soon as possible.

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Answered on 5/06/03, 4:43 am


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