If a lien created pursuant to this division is extinguished, property held subject to the lien shall be released unless the property is to be held under another lien or the property is ordered by the court to be held pending resolution of a dispute concerning its proper disposition.
§ 697.050.Lien Created Extinguished
Title 9. Enforcement of Judgments · Division 2 · Chapter 2. Liens · Article 1. General Provisions · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 697.050 requires property held subject to a lien created under this division to be released once that lien is extinguished, unless the property is also held under another lien or the court has ordered it held pending resolution of a dispute over its proper disposition.
Full Text of § 697.050
Plain-English Summary
Extinguishing a lien is supposed to mean something for the property it covered. Section 697.050 makes that concrete: once a lien created under this division is extinguished, the property held subject to it must be released.
Two situations delay that release. If the same property is also held under a separate, still-effective lien, the property stays held under that other lien rather than being released outright. And if a court has ordered the property held pending resolution of a dispute about how it should properly be disposed of, that order controls until the dispute is resolved.
Frequently Asked Questions
What happens to property once the lien holding it is extinguished?
Section 697.050 requires the property to be released, unless one of two exceptions applies.
Does release happen if another lien still covers the same property?
No. If the property is also held under another lien, it stays held under that lien rather than being released.
Can a court delay release for another reason?
Yes, if the court has ordered the property held pending resolution of a dispute concerning its proper disposition.
Amendment History
Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
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