My question involves collection proceedings in the State of: California

First off according to california the statue of limitation on written contracts are four years after the expiration date.


Situation:

In 1999 I sold a house and took back a 2nd mortgage for a small amount due in 2004. (this note was written by escrow). Since the sale of the property, I have never received a payment and am hoping there is a way I can still recover all or part of my "investment".


Kicker:
This note (secured by the property) was never recorded on title and the current owner has recently refinanced his home. (I believe my note should have caused a cloud on title when he refinanced, but the note was never recorded correctly by the escrow company.)


Do I have any chance in recovering my note?