Filing A Lis Pendens In California In Bexar
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What is a lis pendens notice? The term “lis pendens” is Latin for “pending suit.” Notices of lis pendens are filed in the real property records for the purpose of notifying others—primarily, prospective purchasers of real property—that the property at issue is the subject of pending litigation.
Real and personal property may be partitioned in one action. 872.250. (a) Immediately upon filing the complaint, the plaintiff shall record a notice of the pendency of the action in the office of the county recorder of each county in which any real property described in the complaint is located.
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.
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.
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.
If someone has filed a Lis Pendens notice (which alerts others that there is a pending lawsuit involving a property), any party involved in the lawsuit can: Ask the court to remove the notice (e.g. Motion to Expunge). Notify all affected parties at least 20 days before the court hearing.
