California CodesBusiness and Professions Code - BPCDivision 8 — Special Business RegulationsChapter 28 — Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers ActSection 22920

(a) When a lien claimant receives payment for the total amounts secured by the lien, the lien claimant shall send the lien debtor a statement relinquishing the security interest under the notice of claim of lien, which shall be identified by the date, names of parties thereto, and file number. If the affected lienholder of record fails to send the termination statement within 10 days, he or she is liable to the debtor for all actual damages suffered by the debtor by reason of this failure, and if that failure is in bad faith, for a penalty of one hundred dollars ($100).

(b) The filing officer shall mark each termination statement with the date and time of the filing and shall index the statement under the name of the lien debtor and under the file number of the original lien. If the filing officer has an electronic microfilm or other photographic record of the lien and related filings, he or she may remove and destroy the originals from the files after receipt of the termination statement. If the filing officer does not have the record, he or she may remove and destroy the originals from the files after one year from the receipt of the termination statement.

Notes

Requires a lien claimant paid all amounts secured by the lien to send the lien debtor a statement relinquishing the security interest; failure within 10 days creates liability for actual damages and, if in bad faith, a $100 penalty. Allows filing officers to destroy originals after receipt if electronically recorded, otherwise after one year.

Use as reference

Lexinter.net | California Code, Business and Professions Code - BPC § 22920 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-8/chapter-28/section-22920

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