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How do I get a lien removed once the bank has written off the 2nd? Same bank has 1st N 2nd. Wrote off 2nd but didnt remove lien.

Burbank, CA |

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?

Attorney Answers 3

  1. 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

    SINCE 1974. My answers are for general information only. They are not legal advice. Answers assume California law. I am licensed in California, only. Answers must not be relied upon.<br> <br> Legal advice and counsel must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. <br> <br> I provide legal advice and counsel during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us.<br> <br> The communications on this website are not privileged or confidential. I assume no duty to anyone by my participation on Avvo because I have answered or commented on a question. Specifically, I assume no duty to respond to any question, comment, telephone call, or email because of my participation.<br> <br> All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice or counsel in answer to any question, if you are an interested party you should promptly and personally consult an attorney licensed in the appropriate jurisdiction for advice and counsel. See, also, Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.<br>

  2. 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.

  3. 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.

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