Legal Question in Real Estate Law in California
I have had a lein placed on my property in 2007, I didnt know was there until this year when I went to refinance. I have tried to contact the law firm that did it and all information that I can find is they were closed down for filing illeagal leins. How can I get this removed from my property?
2 Answers from Attorneys
The most cost effective solution is to find out who represents the party on whose behalf the lien was recorded. You will want to contact them if they represent themselves now, or their new attorney if represented by counsel, and point out why the lien is invalid against your property. You want them to execute a lien release, which you can record to clear your title.
If this doesn't work, or they are recalcitrant, you may have to file a quiet title and slander of title action.
I agree with Mr. Roach. County recorders are not in a position to amend or correct property records on the say-so of the owner. The party which placed the lien, or its lawful successor, can record a satisfaction or release of the lien. Further, just because the old law firm was guilty of recording false liens does not automatically and necessarily mean that every lien they filed was fraudulent (even though the one on your property probably is).
If a court remedy becomes necessary, the main action should be either quiet title or for cancellation of instrument, depending upon how far-reaching the relief needs to be in the circumstances, and if there is someone around to respond in damages, you could also throw in a cause of action for slander of title to get compensated for your losses.