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release of a lien friend had on my home for a personal loan

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What is the name of your state (only U.S. law)? California

A family friend had a lien on my home for a personal loan i had with her. This was fine. We short sold the home and of course she had to release the lien which she agreed to do for a $1500 payment to her as settlement from the bank. It's recorded on the deed paperwork as "payoff to second lien holder" and her name there. The personal loan was for a lot more than $1500 it was around 20k. She released the lien so that i could short sell the home, with the understanding that of course I would continue to pay her back the amount I owe for the personal loan. Is what she signed TECHNICALLY a paper simply releasing a lien, or is it a paper that actually legally does state that the $1500 satisfies the personal loan? Her husband is trying to tell me that this $1500 should not count as a payment to them from me, but i think it should. it should be deducted from the grand total of the personal loan. am i correct? of course i would never NOT pay back the personal loan, but according to the letter of the law has the repayment of the loan been satisfied (via the signed paper?)

thanks
 


FlyingRon

Senior Member
How do we know? Hold the paper up to the computer so we can see. If the bank said, here's $1500 if you will release the lien, it would sound like it has nothing to do with reducing the balance on the loan. It's a payment to get her to give up her security in the property.
 

swalsh411

Senior Member
If this document did not address the $1,500 as being payment towards the loan balance, then it's not payment towards the loan balance. You paid them to do something which now puts them in a weaker position. You didn't make a payment on the loan. Just because you would like it to be, doesn't make it so.
 

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