Filing A Lis Pendens In California In Fairfax
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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.
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.
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.
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.
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.
