§ 697.370.Release Or Subordination

Title 9. Enforcement of Judgments · Division 2 · Chapter 2. Liens · Article 2. Judgment Lien on Real Property · Last amended 1987 · Last verified July 28, 2026

In one sentenceSection 697.370 lets a judgment creditor release or subordinate a real property judgment lien in whole or in part, sets out what a valid release or subordination document must contain -- including a shortcut description covering all of a debtor's property in a county -- and confirms that minor, non-misleading errors don't spoil it while a release binds only the judgment debtors it names.

Full Text of § 697.370

Text sizeJump to: (a) (b) (c) (d)

(a) The judgment creditor may do either of the following:

(1) Release from the judgment lien all or a part of the real property subject to the lien.

(2) Subordinate to another lien or encumbrance the judgment lien on all or a part of the real property subject to the judgment lien.

(b) A release or subordination is sufficient if it is executed by the judgment creditor in the same manner as an acknowledgment of satisfaction of judgment and contains all of the following:

(1) A description of the real property being released or on which the lien is being subordinated. If the judgment debtor does not have an interest of record in the real property, the release or subordination shall show the name of the record owner. If all of the real property of the judgment debtor in a county in which the lien is recorded is being released from the judgment lien, or if the judgment debtor has no known interest in any real property in that county, the release shall, in lieu of containing a description of the property being released, contain a statement substantially as follows: "This is a release from the judgment lien described herein of all of the interests in real property in ____ County presently owned or hereafter acquired of the herein named judgment debtor subject to the lien."

(2) The date the judgment lien was created and where in the records of the county the abstract of judgment or certified copy of the judgment was recorded to create the lien.

(3) The title of the court where the judgment is entered and the cause and number of the action.

(4) The date of entry of the judgment and of any subsequent renewals and where entered in the records of the court.

(5) The name and address of the judgment creditor, the judgment creditor's assignee, if any, and the judgment debtor whose interest in real property is released from the judgment lien or with respect to whom the judgment lien is subordinated.

(c) A release or subordination substantially complying with the requirements of this section is effective even though it contains minor errors that are not seriously misleading.

(d) The execution of a release or subordination of a judgment lien pursuant to this section does not release or subordinate the judgment lien as to judgment debtors not named in the release pursuant to paragraph (5) of subdivision (b).

End

Plain-English Summary

A judgment creditor isn't stuck with a lien exactly as it was created. Subdivision (a) lets the creditor release all or part of the real property subject to the lien, or subordinate the lien to another lien or encumbrance on all or part of that property -- tools creditors use to facilitate a sale, refinance, or negotiated resolution without waiting for full satisfaction.

Subdivision (b) sets what makes a release or subordination effective: it has to be executed the same way an acknowledgment of satisfaction of judgment is executed, and it has to describe the property involved, or -- when releasing all of a debtor's property in a county, or when the debtor has no known interest in that county -- use a statutory shortcut phrase instead of a property-by-property description. It also has to state when and where the lien was created, identify the court and case, give the judgment's entry date and any renewals, and name the judgment creditor, any assignee, and the judgment debtor affected.

Subdivision (c) forgives minor, non-misleading errors in an otherwise substantially compliant document. Subdivision (d) makes clear a release binds only the judgment debtors named in it under subdivision (b)(5) -- it doesn't release the lien as to debtors left out.

Frequently Asked Questions

Can a judgment creditor voluntarily give up a lien on some property but not all of it?

Yes. Section 697.370(a) lets the creditor release or subordinate the lien on all or just part of the real property subject to it.

What information must a release or subordination contain?

A description of the affected property (or a statutory shortcut phrase for an all-property release), the date and recording location of the lien, the court and case identification, the judgment's entry date and renewals, and the names of the creditor, any assignee, and the affected judgment debtor.

Does a small error in the release document invalidate it?

No, § 697.370(c) validates a release or subordination that substantially complies with the requirements even if it contains minor errors that aren't seriously misleading.

Does releasing a lien as to one judgment debtor release it for everyone?

No. Subdivision (d) limits the release to the judgment debtors named in it.

Amendment History

Amended by Stats. 1987, Ch. 254, Sec. 1.

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 28, 2026. · Official source

Also known as: releasing judgment lien california real propertysubordinating judgment lien california