California property lien records refers to a record of notice that is attached to property notifying everyone that a creditor is owed money by the owner of that particular piece of property. California property lien records are a public record that anyone can view. A lien is filed with a state agency. County records office or an authority dealing with real property. A lien is a cheap and easy way for a creditor to get their debtors to pay them what they owe them.
If you’re looking to obtain certified California property lien records the you must visit the county recorder’s office near you. ( California Recorder Offices ). Go to the website and select the county you live in or are closest to and find all the relevant information to visit them. If you like you can also contact them via phone or in writing to obtain a copy of a California property lien record.
If you simply need to verify or view California property lien records then save yourself some time and visit SearchQuarry.com and you can sign up and view property lien records online. Currently we are offering a free trial for 5 days. You can lookup unlimited lien and public records and all searches are anonymous.
For you to refinance or sell your property, you are required to have a clear title. A lien on your car, mobile home, property or house means that your title is unclear. To clear your title, you should pay the debt you owe your creditor. Creditors are guaranteed that when they put a lien on your property, you are going to pay them sooner or later.
Creditors can sell your property through a foreclosure sale in order to clear your debt. However, they rarely foreclose property because in many cases, your mortgage came before the lien and therefore has to be cleared before any lien is paid. If your creditor forecloses mortgage property to pay off lien, they have to continue the mortgage payments or risk losing the property.
Many creditors do not force a foreclosure sale but instead wait for their debtors to sell their property. Since buyers cannot buy property unless it has a clear title, the seller uses a fraction of the purchase price to cater for the lien.
According to California Law, a California property lien can be subject to a debtor’s real estate- their condo, house or land- or to a debtor’s personal property- jewelry, antiques, art and valuables.
For a creditor to attach a lien on property, they have to take the abstract of judgment to a California property lien records county office. The abstract should be taken to the county recorder’s office where the debtor has real state presently or where they may own property in the future.
A California property lien stays attached to property- even after the property exchanges hands- for ten years.
In California, the ability of a creditor to collect their money under a lien is determined by several factors. The primary residence of the debtor also called homestead exception, other liens and bankruptcy or foreclosure proceedings affect the ability of a creditor to collect a debt under a property lien.
California Property Lien Records Search
California County Recorder Offices
California Lien Law Code
California Judgement Liens of Property
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Where can I get a compiled list of properties with mechanics liens ?
It sounds like you will need to contact the lien holder, or the bank that has the title for the home, in order to find out what is need to resolve your situation. Unfortunately we cannot assist you directly with this matter. Since this matter seems fairly complicated and you have Power of Attorney of your mom’s affairs, you might want to consult with legal counsel to understand your rights and be able to recover the money owed to your mon.
I have a POA and handle all of my mother’s financial and medical needs. She is almost 93 and has ailments and dementia.
Years ago my mom took out the mortgage on my sisters mobile home. My sister was to be paying the monthly payments due. She has almost always been in arrears requiring my mom to often pay the monthly payment to maintain her good credit.
Mom has since required a reverse mortgage on her own property and had to pay off my sisters mortgage to do this. So, my sister has haphazardly been making partial if any payments to mom. She is over $8,000 in arrears on monthly payments and there is about $95,000 principal still owed.
My sister is getting ready to sell the mobile home and move out of state and I need to be sure that mom receives monies owed upon the property’s sell.
What type of Lien is required and how do I do it? My mom lives in Campbell, CA and sister is in So. San Jose, CA.
For this California Property Lien that you would like to file is called an Abstract of Judgment Lien. You will wand to file this Abstract Judgement Lien want to file this in the county where the HOA dues are owed on the respective California property.
What is an Abstract of Judgment Lien
An Abstract of Judgment is a lien which states how much money a party owes to a person who wins the lawsuit. The judgment creditor will be granted the money owed as well as interest on the judgment amount as well as the court fees
We have a delinquent owner that is 12 months behind on her HOA dues. We are looking to file an assessment lien on her property. In researching, I cannot find any forms for filing an assessment lien. I find instead a “mechanics lien” or “abstract lien.” My question is, “is an abstract lien what we need to file?”
Hello Don,
That sounds like a predicament with the title company. Unfortunately there is not much advise we can offer when it comes to resolving California property lien records. Our lien records resources are for reference only so you would have to contact the title company or perhaps a lawyer to find out what your property rights are. Below is a link to California property lien record laws, perhaps that will help. If you would like for us to locate a property lien record we would be happy to assist you. Just provide your full name, state and address where the property lien is located.
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=697.310-697.410
Best Regards,
The Search Quarry Team
How does a lien on property work if it is the fault of a title company that the taxes were not paid ?
My case it was title co that accidentally refunded taxes back to us,then asked us for a check to replace it ,then they (the title company) forgot to send the money to the tax collector then the tax collector put a lien on our other property. Now the title company is sending in the money and fees (supposedly ) how do I check on them ?