Article 8Removal of Claim of Lien from Record

Section § 8490

Explanation

This law covers what needs to be included in a court order when dismissing a lien or releasing property from a lien claim in California. Specifically, the order must detail when and where the lien was recorded, provide a legal description of the property, and essentially act as a cancellation of the lien. It allows for the order to be recorded officially, meaning the lien is removed from the property's record. However, it doesn't apply when a court dismisses an action without prejudice, which means the action can be brought again in the future.

(a)CA Civil Law Code § 8490(a) A court order dismissing a cause of action to enforce a lien or releasing property from a claim of lien, or a judgment that no lien exists, shall include all of the following information:
(1)CA Civil Law Code § 8490(a)(1) The date of recordation of the claim of lien.
(2)CA Civil Law Code § 8490(a)(2) The county in which the claim of lien is recorded.
(3)CA Civil Law Code § 8490(a)(3) The book and page or series number of the place in the official records where the claim of lien is recorded.
(4)CA Civil Law Code § 8490(a)(4) The legal description of the property.
(b)CA Civil Law Code § 8490(b) A court order or judgment under this section is equivalent to cancellation of the claim of lien and its removal from the record.
(c)CA Civil Law Code § 8490(c) A court order or judgment under this section is a recordable instrument. On recordation of a certified copy of the court order or judgment, the property described in the order or judgment is released from the claim of lien.
(d)CA Civil Law Code § 8490(d) This section does not apply to a court order dismissing an action to enforce a lien that is expressly stated to be without prejudice.
dismissal of lien release property recordation cancellation of lien legal description certified copy recordable instrument without prejudice lien release lien claim judgment lien cancellation property records
(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)

Section § 8494

Explanation

If a lien on a property loses its validity or a court makes a decision about it, that lien no longer gives people any warning about the claims or issues it mentioned. It also means future buyers or interested parties don't have to investigate the lien's claims.

If a claim of lien expires and is unenforceable under Section 8460, or if a court order or judgment is recorded under Section 8490, the claim of lien does not constitute actual or constructive notice of any of the matters contained, claimed, alleged, or contended in the claim of lien, or create a duty of inquiry in any person thereafter dealing with the affected property.
claim of lien lien expiration unenforceable lien constructive notice court order judgment recorded property dealing duty of inquiry affected property Section 8490 Section 8460 actual notice property claims unenforceable claims
(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)