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Clearing Mortgage From Title

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In the Aug. 23 “Real Estate Q&A;” column, Robert Bruss answered a question from a homeowner who had paid off his mortgage but was having trouble getting a deed of reconveyance from the lender (“No Fast Way to Clear Mortgage From Title”).

While Bruss’ response offered no magic solution, it also failed to mention California Civil Code Section 2941. This state law provides a remedy to remove a deed of trust from the public record in a timely fashion following full payment of the obligation by the borrower as well as a right to recover $300 for violation of this statute.

I would recommend that the borrower notify the mortgage servicer of this law and its prescribed penalty.

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NORMAN A. CHERNIN

First American Title Co.

Glendale

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