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California · TitleCalifornia old deeds of trust: the lien expires 10 years after maturity, or 60 years after recording

California sets an outside date for old security instruments. Unless the lien of a mortgage, deed of trust or other recorded security instrument expired earlier under Civil Code §2911, it expires and can't be enforced by foreclosure, power of sale or any other means after the later of these times (§882.020(a)): 10 years after the final maturity date or last payment date, if that date can be determined from the recorded evidence of the debt; 60 years after the instrument was recorded, if no maturity date can be determined or none exists; or 10 years after a notice of intent to preserve the security interest is recorded within one of those periods. A power of sale counts as exercised when the trustee's deed is recorded (§882.020(b)). The times can be extended like a waiver under Code of Civil Procedure §360.5, but only by an instrument recorded before they run out (§882.020(c)).

What the statutes set

  1. Maturity known (§882.020(a)(1))

    Lien expires 10 years after the final maturity date in the recorded evidence of debt.

  2. Maturity unknown (§882.020(a)(2))

    Lien expires 60 years after the instrument was recorded.

  3. Notice to preserve (§882.020(a)(3))

    10 years after the notice is recorded, if recorded in time.

  4. Extensions (§882.020(c))

    Effective only if recorded before the time expires.

What the TC checks when a California title report shows an old deed of trust

  • Find the maturity date in the recorded deed of trust or note memorandum.
  • Count 10 years from maturity, or 60 years from recording, and check for a recorded notice of intent to preserve.
  • Ask the title company whether it will insure over the expired lien or wants a reconveyance.

Questions about old California deeds of trust

When does an old California deed of trust expire?

10 years after the final maturity date if it appears in the recorded evidence of debt, or 60 years after recording if it doesn't (Civ. Code §882.020(a)).

Can a lender extend an old California lien?

Yes, by recording a notice of intent to preserve or an extension, but only before the time expires (Civ. Code §882.020(a)(3), (c)).

Related guides

Track the old lien review and any reconveyance as tasks on the deal in ClosingCode.

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Source: Civil Code §882.020 (leginfo.legislature.ca.gov), read October 31, 2026.

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.