How do I file a deed in California?

To record a deed in California, you must submit the completed deed along with the appropriate fees to the County Recorder's Office in the county where the property is located. The deed will then be officially recorded, making it a part of the public record.

US Legal Forms
Release of Lis Pendens

File Notice Lis Pendens Without Notice In Alameda

Q: Can you sell a property with a Lis Pendens in NY?

That means the house is &quot;frozen&quot; or cannot be sold, refinanced, transferred, until the lawsuit is settled, or the case is tried with a final judgment signed by the judge. Then once the case is over, the attorney who placed the Lis Pendens will be required to remove it. Only after that happens can the house be sold.

Category:

Real Estate - Lis Pendens

State:

Multi-State

County:

Alameda

Control #:

US-00403BG

Format:

Instant download

Description

The form to file notice lis pendens without notice in Alameda serves as a critical legal tool for ensuring that a party's interest in a property is officially noted in public records. This form is especially useful for attorneys, partners, owners, associates, paralegals, and legal assistants who need to protect their rights in ongoing legal disputes related to real property. Key features of the form include a section for providing detailed information about the property and the parties involved. Users are instructed to complete the form accurately, sign it, and submit it to the appropriate clerk’s office in Alameda County. Filling and editing instructions emphasize the importance of clear and precise language to avoid confusion. Specific use cases include situations where property litigation is anticipated, preventing future sales or encumbrances on the property without notification to involved parties. By filing the lis pendens, legal practitioners can formally assert their claims and notify potential buyers or lenders of existing disputes. The form is central to litigation strategies, ensuring that all interested parties are aware of pending legal actions affecting the property.

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FAQ

A lis pendens must be filed with both the county recorder and the circuit court clerk. After the action has reached pending status, the lis pendens must be drafted and submitted to the county recorder to be recorded for public record. This does not end this part of the process.

To record a deed in California, you must submit the completed deed along with the appropriate fees to the County Recorder's Office in the county where the property is located. The deed will then be officially recorded, making it a part of the public record.

California Code of Civil Procedure section 405.30 allows a property owner to remove a lis pendens by bringing a “motion to expunge.” There are several bases for a motion to expunge, including: (1) the lack of a real property claim, (2) the claimant's failure to establish a “probable validity of their claim, or (3) the ...

There is no specific time frame for how long a lis pendens is valid. Rather, a lis pendens is valid until it is expunged or the underlying case is resolved. If not expunged, a lis pendens is often removed as part of a settlement agreement reached between the parties.

File a request with the court to remove the lis pendens. Provide the legal reasons the lis pendens is improper, offering proof, for example, that the lis pendens affects real estate that is not connected to the litigation. If the lawsuit is frivolous and merely intended to harass the property owner, offer proof.

How to Put a Lis Pendens on a California Property Draft the lis pendens. There is a specific format and particular language that must be included for a proper lis pendens filing. Serve the lis pendens to all interested parties. Record the lis pendens with the County Recorder. File the lis pendens with the circuit court.

Other than resolution of the pending lawsuit, the only way to remove a lis pendens is by expungement, which requires a court order from a circuit judge. If you refuse service or the action is otherwise delayed, the lis pendens remains intact, making it difficult to sell or otherwise transfer a property.

That means the house is "frozen" or cannot be sold, refinanced, transferred, until the lawsuit is settled, or the case is tried with a final judgment signed by the judge. Then once the case is over, the attorney who placed the Lis Pendens will be required to remove it. Only after that happens can the house be sold.