Section 116134 - Releasing Real Property LiensA 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.Cal. Code Regs. Tit. 22, § 116134
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.
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).