A lien is to be deemed accessory to the act for the performance of which it is a security, whether any person is bound for such performance or not, and is extinguishable in like manner with any other accessory obligation.
Liens in GeneralExtinction of Liens
Section § 2909
This section explains that a lien is considered an additional or secondary obligation connected to the main duty or act it secures. Whether or not someone is directly responsible for fulfilling that main obligation, the lien can be removed in the same way other secondary obligations might be.
lien accessory obligation extinguishable
Section § 2910
If you sell property that has a lien on it to pay off the debt tied to that lien, or if someone illegally takes possession of the personal property with a lien, the lien is canceled.
The sale of any property on which there is a lien, in satisfaction of the claim secured thereby, or in case of personal property, its wrongful conversion by the person holding the lien, extinguishes the lien thereon.
property sale lien satisfaction of claim
Section § 2911
In California, a lien (a legal claim on property to secure a debt or obligation) expires after a certain period. This occurs when either the time to take legal action on the main debt runs out, or when public officials can sell property to pay for certain public projects ends, whichever is later. Generally, liens tied to public improvements are assumed to end after four years from the due date of the assessment or bond, or after January 1, 1947, depending on which is later. After this period, the lien is considered gone, especially for someone who buys the property in good faith and pays for it.
A lien is extinguished by the lapse of time within which, under the provisions of the Code of Civil Procedure, either:
1. An action can be brought upon the principal obligation, or
2. A treasurer, street superintendent or other public official may sell any real property to satisfy a public improvement assessment or any bond issued to represent such assessment and which assessment is secured by a lien upon said real property; whichever is later.
Anything to the contrary notwithstanding, any lien
heretofore existing or which may hereafter exist upon real property to secure the payment of a public improvement assessment shall be presumed to have been extinguished at the expiration of four years after the due date of such assessment or the last installment thereof, or four years after the date the lien attaches, or on January 1, 1947, whichever is later, or in the event bonds were or shall be issued to represent such assessment, the lien shall then be presumed to have been extinguished at the expiration of four years after the due date of said bonds or of the last installment thereof or of the last principal coupon attached thereto, or on January 1, 1947, whichever is later. The presumptions mentioned in this paragraph shall be conclusive in favor of a bona fide purchaser for value of said property after such dates.
lien extinguishment public improvement assessment bona fide purchaser
Section § 2912
This law means that if you complete only part of the work that was secured by a lien, the lien still stays on the entire property. It doesn't matter if the property can be divided into parts.
The partial performance of an act secured by a lien does not extinguish the lien upon any part of the property subject thereto, even if it is divisible.
partial performance lien property
Section § 2913
If someone is holding onto a piece of property because they have a claim (lien) on it and they decide to give it back to the owner out of their own free will, that claim on the property is usually canceled. Even if they make another agreement, the claim is still canceled if other people, like creditors or new buyers who didn't know about the first agreement and paid for the property, come into the picture.
The voluntary restoration of property to its owner by the holder of a lien thereon dependent upon possession extinguishes the lien as to such property, unless otherwise agreed by the parties, and extinguishes it, notwithstanding any such agreement, as to creditors of the owner and persons, subsequently acquiring a title to the property, or a lien thereon, in good faith, and for value.
voluntary restoration property holder of a lien
Section § 2914
This law section simply states that the rules in this chapter do not apply to any deal or security interest that falls under the rules of the Uniform Commercial Code (UCC).
None of the provisions of this chapter apply to any transaction or security interest governed by the Uniform Commercial Code.
Uniform Commercial Code UCC transactions
