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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 37772
Experience:  Texas Attorney for 30 years dealing in real estate
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Bank of America placed a lien on my property when I applied

Customer Question

Bank of America placed a lien on my property when I applied for a HELOC, but the HELOC was never finalized. Is this legal?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you today.

No if you did not receive funds here from the HELOC then the lien should be released.You write them here demanding they file a release because there were no funds borrowed and the loan was not completed.They should release the lien since it was filed in error.

If you have no luck here a suit to quiet title would be the legal remedy.Here you file suit to quiet title arguing line is invalid and court awards you clear title and strips the lien.I would hope that would not be necessary.They have no legal basis for a lien if you didn't complete the loan here under California law.

Reference to suit to quiet title..

http://www.kinseylaw.com/clientserv2/civillitigationserv/realestate/quiettitle/quiettitle.html

Expert:  Ray replied 1 year ago.

BOA should have release form but here is one just in case..

http://www.uslegalforms.com/us/US-01775-AZ.htm

It needs to be recorded in deed records of your county.BOA should pay for this as well.

I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.

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