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?
2 Answers from Attorneys
Re: Lien Release Requirements
The lender or trustee would normally record a full reconveyance with the county recoorder.
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.
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