California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 6 - Enforcement Actions › Subchapter 6.1 - Immediate Enforcement Actions › Article 3 - Real Property Liens › Section 116134 - Releasing Real Property Liens

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A local child support agency shall release real property liens
						by preparing and providing to the obligor the Release of Judgment Lien, Form CA 8581
						(New July 1, 2003), to be recorded by the obligor with the county recorder, or a
						local child support agency shall release real property liens by recording the
						Release of Judgment Lien with the county recorder. A local child support agency
						shall process the release of real property liens in the following situations:
(a) When a written demand is received from a
					 property owner for a recordable document releasing the lien and proof is provided by
					 the property owner to the satisfaction of the local child support agency that the
					 property upon which the lien has been created is owned by a person who is not the
					 obligor but has the same or similar name as the obligor. Within 15 days of receipt
					 of such written demand and proof, a local child support agency shall record a
					 Release of Judgment Lien indicating a general release of lien.
(b) When a court order has been received by a
					 local child support agency to prepare and deliver to the property owner a recordable
					 document releasing the lien, unless such order has been appealed and the action
					 ordered is stayed pending the appeal. A Release of Judgment Lien indicating a
					 general release of lien shall be prepared and delivered within the time frames
					 established by the court order or within15 days from receipt of the court order,
					 whichever is less.
(c) When a local
					 child support agency has determined all of the support arrears for which the local
					 child support agency provided enforcement services have been paid in full. Within
					 five days of making the determination that the case should be closed because all
					 support has been paid, a local child support agency shall prepare and deliver to the
					 obligor a Release of Judgment Lien indicating a general release of lien.
(d) When a request is received from a
					 representative of a title and/or escrow company or the obligor and the support
					 arrears for which the local child support agency provided enforcement services have
					 been paid in full. Within five days of the request, a local child support agency
					 shall prepare and deliver to the requesting party, a Release of Judgment Lien
					 indicating a specific property release of lien.
1. New section
						filed 10-21-2002 as an emergency; operative 10-21-2002 (Register 2002, No. 43).
						Pursuant to Family Code section
						17306(e),
						a Certificate of Compliance must be transmitted to OAL by 4-21-2003 or emergency
						language will be repealed by operation of law on the following day.
2.
						New section refiled 4-3-2003 as an emergency; operative 4-21-2003 (Register 2003,
						No. 14). Pursuant to Family Code section
						17306(e),
						a Certificate of Compliance must be transmitted to OAL by 10-20-2003 or emergency
						language will be repealed by operation of law on the following day.
3.
						Certificate of Compliance as to 4-3-2003 order filed 10-17-2003; Certificate of
						Compliance withdrawn 12-1-2003 and repealer of section by operation of Government
						Code section
						11346.1
						(Register 2004, No. 19).
4. New section filed 5-4-2004; operative
						5-4-2004 by operation of Government Code section
						11343.4
						(Register 2004, No. 19).
Note: Authority cited: Sections
						  17306,
						  17310 and
						  17312, Family Code.
						  Reference: Section
						  697.410,
						  Code of Civil Procedure.