What is a notice of pendency of action in California?

"Notice of pendency of action" or "notice" means a notice of the pendency of an action in which a real property claim is alleged. 405.3. "Probable validity," with respect to a real property claim, means that it is more likely than not that the claimant will obtain a judgment against the defendant on the claim. 405.4.

US Legal Forms
Release of Lis Pendens

File A Lis Pendens On Property In California

Q: What is a notice of pendency of action in California?

&quot;Notice of pendency of action&quot; or &quot;notice&quot; means a notice of the pendency of an action in which a real property claim is alleged. 405.3. &quot;Probable validity,&quot; with respect to a real property claim, means that it is more likely than not that the claimant will obtain a judgment against the defendant on the claim. 405.4.

Category:

Real Estate - Lis Pendens

State:

Multi-State

Control #:

US-00403BG

Format:

Instant download

Description

The Release of Lis Pendens form is a crucial legal document used to formally cancel a previously recorded lis pendens notice on property in California. This process is essential for property owners who have resolved the underlying litigation or who no longer wish to maintain the lis pendens. The form requires the user to provide detailed information such as the recording location and the date of the initial lis pendens, ensuring that the cancellation is properly documented. Attorneys, paralegals, and legal assistants can utilize this form as part of closing any ongoing legal matters related to property disputes. Filling out the form accurately is vital; users should ensure they include all relevant details and obtain proper signatures to validate the document. This form serves to protect the rights of property owners by formally removing any cloud on the title that a lis pendens may have created, restoring clear ownership. It is also beneficial for partners or associates in real estate and legal fields, enabling them to assist clients in navigating property-related legal changes efficiently. Ultimately, the Release of Lis Pendens is a straightforward yet effective tool for all parties involved in property transactions or litigation to maintain clarity and protect ownership rights.

Court service certificate for govt employees

View this form

Estate executor release form for corporation

View this form

Form popularity

FAQ

A Lis Pendens is filed with the County Recorder in the county where the piece of property that the law suit involves is located. When any document is recorded with the County Recorder, it puts the world on notice of its contents.

There are several instances in which you might need to file a lis pendens. Common lawsuits that may require or result in lis pendens being recorded include quiet title actions, partition lawsuits, specific performance, and easement disputes.

"Notice of pendency of action" or "notice" means a notice of the pendency of an action in which a real property claim is alleged. 405.3. "Probable validity," with respect to a real property claim, means that it is more likely than not that the claimant will obtain a judgment against the defendant on the claim. 405.4.

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.

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 ...

Expunging a Lis Pendens This can happen if the party believes that the lis pendens was improperly filed or if the underlying lawsuit has been resolved. Court Hearing: If a party seeks expungement, the court will conduct a hearing to determine whether the lis pendens should be canceled.

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.

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.