§ 765.050.Inapplicability to Claim of Encumbrance By Financial Institution
Title 10. Actions In Particular Cases · Chapter 4. Quiet Title · Article 6. Liens and Encumbrances · Enacted 1998 · no amendments on record · Last verified July 28, 2026
Full Text of § 765.050
Plain-English Summary
This article isn't aimed at ordinary institutional lending or public-entity claims — it targets deliberately false, harassing filings. This section makes that scope explicit by exempting any document that acts as a claim of encumbrance by a financial institution, as defined under Penal Code § 14161(a) or § 481.113 of this code, or by a public entity as defined in § 481.200 of this code.
In practice, that means a bank's deed of trust, a government agency's tax lien, or similar routine encumbrances aren't subject to the show-cause procedure or civil penalty this article creates, even if a borrower or taxpayer disputes them. Those disputes get resolved through the ordinary channels that already exist for challenging institutional or governmental claims.
Frequently Asked Questions
Does this anti-harassment lien article apply to a bank's mortgage or deed of trust?
No. Section 765.050 exempts documents acting as claims of encumbrance by a financial institution, as defined in the Penal Code or § 481.113 of this code.
What about liens filed by government agencies?
Those are also exempt, to the extent the filer is a public entity as defined in § 481.200 of this code.
Amendment History
Added by Stats. 1998, Ch. 779, Sec. 2. Effective January 1, 1999.