Lis Pendens Requirements In Los Angeles
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FAQ
What is a lis pendens? (CCP § 405.21) A lis pendens – also called a notice of pendency of action – is a special type of legal document filed with a county recorder. Though its use is limited to lawsuits involving real property claims, its effect is powerful.
Lis pendens is a formal notice that there is a pending action, or lawsuit, that could affect the title of the property. However, it serves an even bigger purpose. When a lis pendens is filed, any future transfers of the property are affected by the pending action if it were to be awarded.
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.
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.
REMOVING A LIS PENDENS losing party acted with substantial justification. A lis pendens may also be removed voluntarily. A claimant may remove the lis pendens by recording, filing and serving a notice of withdrawal. Code of Civil Procedure §405.50.
A Notice of Lis Pendens is a document recorded to evidence a pending court action concerning or affecting the title or the right of possession of real property.
Once the lis pendens has been recorded, evidence of such with the lis pendens must be filed with the circuit court hearing the lawsuit. It is also important to note that you must serve any potentially interested parties to the action by having them served with the lis pendens.
Duration: A lis pendens remains in effect until the lawsuit is resolved, or it is formally removed by a court order or by the party that recorded it.
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 ...
