Bank recorded a lien for 1st and a lien for 2nd mortgage. Wife quit me and defaulted on 2nd. I have never missed a payment on 1st mortgage. Same bank served both 1st and 2nd mortgages. Bank has written off 2nd in 2009. Second mortgage lien in preventing my refinancing my home.
Is this a quiet title action or slander of title claim? What steps are available to remedy this situation? How do I get the lien for the second removed?
Respectfully, your question does not contain the facts necessary to answer it. You need to pay for a consultation with an attorney who can review all the facts, including the title and loan documents, to determine the best course of action for you moving forward. The mere fact that the bank "wrote off" the loan does not mean that it has not been purchased by a 3rd party, that the lien can or should be removed, or that you not still "on the hook" for it. Good luck. -- Michael
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Real Estate Attorney
Sections 2941 et seq. of the California Civil Code require that the lender record a release of the lien within 30 days of cancellation of the debt. The statutes provide remedies in addition to a quiet title action.
Real Estate Attorney
Chances are the second loan was not cancelled. Many lenders will write off their debt, but not cancel that debt. This leaves a valid lien against your property for the amount owed on that second lien. My office has handled several negotiations with lenders on second liens to settle and release the lien against the property. There are strategies to settle this type of debt, and you will likely need the advice of counsel to assist you in the settlement.