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William B. Esq.
William B. Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 3008
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I have a lien on my property that is dated 2005. I am trying

Resolved Question:

I have a lien on my property that is dated 2005. I am trying to refinance and the Lien from Benificial Finance cannot be found by calling them. I have called and talked to about 10 different people and they say they will call me back about the lien but never do. I can't figure out how to get the lien information so i can just pay it and move one.
Any suggestions?
Laura
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  William B. Esq. replied 10 months ago.

William B. Esq. :

Thank you for using our service. My name is XXXXX XXXXX I would like to assist you today.

William B. Esq. :

I am sorry to learn that you are having this difficulty communicating with the lender. Just to ensure that I understand your intention here, are you looking to get a current payoff amount from the lender, and they have failed to provide one to you?

Customer:

No I have a lien on my property from Benificial Finance and i am trying to refinance and i can't because of this lien. I have tried for over a month to get the payoff amount on the lien so i can close escrow. Every time i call them they say they can't find the lien since it's so old (2005). So now i only have two weeks to close and they won't get me the lien information. I don't know how i go about getting this information from them.

William B. Esq. :

You have a right under Cal. Civ. Code 2943 (http://codes.lp.findlaw.com/cacode/CIV/5/d3/4/14/2/1/s2943) to get a payoff amount. You need this payoff amount to get the refinance through, or alternatively to get the lien subordination agreement through with your new lender.

William B. Esq. :

To use the Civ. Code you must make a written demand for the payoff amount, and the lien holder has a maximum of 21 days to get a full payoff amount to you in writing. I understand that is longer than your current 2 weeks, but perhaps it will go through faster, or you will be able to get a third week in order to deal with this unscrupulous or incredibly disorganized lien holder.

Customer:

How much would you charge to do this for me?

William B. Esq. :

Unfortunately, I am not permitted to accept clients through this service. (This is a relatively straightforward task for an attorney and should not take much time (you can draft this letter yourself, the one benefit to having an attorney write and send it on your behalf is it may encourage them to act more quickly).


I can however give you a couple of sites that will be helpful in locating a local attorney. You can find attorneys on your State Bar Association’s website: (calbar.ca.org); Martindale Hubble: (http://www.martindale.com/); or, on AVVO: (http://www.avvo.com/find-a-lawyer).


 


To keep costs down, I recommend finding an attorney that is working in a small firm or as a solo practitioner. A newer attorney usually charges slightly less than a more experienced attorney, while the more experienced attorneys are usually a little more efficient. In the end, you need to find an attorney that you feel comfortable with, and it is okay to speak with more than one before retaining one.


 

Customer:

William thank you for your help. I appreciate it. I at least have some answers on how to move forward with this situation.

William B. Esq. :

You are welcome, I do wish you the best of luck with this matter (I am sorry that I could not be of more direct assistance in resolving these things, but I do hope that it is helpful). Please do let me know if I can answer any further questions regarding this issue.

Customer:

thank you. i will contact you if i need assistance in the future.

William B. Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 3008
Experience: I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
William B. Esq. and 6 other Real Estate Law Specialists are ready to help you

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