Legal Question in Real Estate Law in California

Re: Reconveyance Error

Neither ... The title/excrow company pays the amount required to the lender. It is the lenders responsibility to file the reconveyance once they are paid off.

Re: Reconveyance Error

The answer to your question depends on whose interest in the property is affected by the lien. Was this a lien that should have been paid by the new loan you obtained when you previously refinanced? Was it a lien that existed prior to your purchase of the property? Was the lien actually paid, and simply not "reconveyed" by the lien holder? What type of lien are we talking about?

If, at the time you purchased the home, the lien existed, and a title company issued a policy of title insurance insuring your title, you should submit a claim to them. Title insurance is meant to protect a purcahser's interest in the property from liens that exist that should have been disclosed at the time the title report was issued.

If the loan was repaid by your prior refinancing, and simply not "reconveyed," you may have an action against the lienor for their failure to provide a release of the lien.

I would suggest that you contact an attorney in your area who practices real property law/litigation. Have that attorney review all of the documents you have (i.e. all title reports, loan documents, etc.) and then discuss your options with him/her.

Our firm handles matters of this nature on a regular basis. If you would be interested in arranging an appointment to discuss this matter, please call (714) 997-9222.