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§ 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

In one sentenceSection 765.050 exempts from this article any document acting as a claim of encumbrance filed by a financial institution, as defined in the Penal Code or § 481.113 of this code, or by a public entity as defined in § 481.200 of this code.

Full Text of § 765.050

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This article does not apply to a document which acts as a claim of encumbrance by a financial institution, as defined in subdivision (a) of Section 14161 of the Penal Code or Section 481.113 of this code, or a public entity, as defined in Section 481.200 of this code.

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.

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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