Legal Question in Real Estate Law in California

Re: Trying to refi the second on my home which has a lien

From your information, something does not seem right. Please call Mary at my office to set up an appointment and maybe our firm can help you.

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Re: Trying to refi the second on my home which has a lien

You need to work with the lender on the second and any other professionals you have involved in the process (loan broker, title company) to learn as much as possible about the nature of the lien, and to correct the root cause.

It is possible, although unusual, for liens to "appear" against property without actual notice to you, but you get constructive notice if the lien is recorded. My hunch is that you already have some idea why there is a lien.

If the lien is not based on a mistake, or miscarriage of justice, perhaps your new first loan can be stretched to cover payoff of the lien.

If there is anything improper about the lien, you should consult a real estate attorney who practices in the county where this property is located. Some liens, such as mechanic's liens, expire after a while if not enforced. Most other liens will require pro-active legal efforts, or pay-off of the underlying debt or claim, or both.