SECTIONS 2909-2914 - California Statutes

CIVIL CODE

SECTION 2909-2914

2909. A lien is to be deemed accessory to the act for the
performance of which it is a security, whether any person is bound
for such performance or not, and is extinguishable in like manner
with any other accessory obligation.

2910. The sale of any property on which there is a lien, in
satisfaction of the claim secured thereby, or in case of personal
property, its wrongful conversion by the person holding the lien,
extinguishes the lien thereon.

2911. A lien is extinguished by the lapse of time within which,
under the provisions of the Code of Civil Procedure, either:
1. An action can be brought upon the principal obligation, or
2. A treasurer, street superintendent or other public official may
sell any real property to satisfy a public improvement assessment or
any bond issued to represent such assessment and which assessment is
secured by a lien upon said real property; whichever is later.
Anything to the contrary notwithstanding, any lien heretofore
existing or which may hereafter exist upon real property to secure
the payment of a public improvement assessment shall be presumed to
have been extinguished at the expiration of four years after the due
date of such assessment or the last installment thereof, or four
years after the date the lien attaches, or on January 1, 1947,
whichever is later, or in the event bonds were or shall be issued to
represent such assessment, the lien shall then be presumed to have
been extinguished at the expiration of four years after the due date
of said bonds or of the last installment thereof or of the last
principal coupon attached thereto, or on January 1, 1947, whichever
is later. The presumptions mentioned in this paragraph shall be
conclusive in favor of a bona fide purchaser for value of said
property after such dates.

2912. The partial performance of an act secured by a lien does not
extinguish the lien upon any part of the property subject thereto,
even if it is divisible.

2913. The voluntary restoration of property to its owner by the
holder of a lien thereon dependent upon possession extinguishes the
lien as to such property, unless otherwise agreed by the parties, and
extinguishes it, notwithstanding any such agreement, as to creditors
of the owner and persons, subsequently acquiring a title to the
property, or a lien thereon, in good faith, and for value.

2914. None of the provisions of this chapter apply to any
transaction or security interest governed by the Uniform Commercial
Code.