File A Lis Pendens On Property In Riverside
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The Court of Appeals stated that based on existing jurisprudence, a certificate of title may be annulled or cancelled by the court under the following grounds: (1) when the title is void because (a) it was procured through fraud, (b) it was issued for a land already covered by a prior Torrens title, (c) it covers land ...
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 ...
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.
The purchaser at the foreclosure sale may however file with the regional trial court where the property is situated a petition for issuance of writ of possession, furnishing bond in an amount equal to the use of the property for twelve months, to indemnify the mortgagor in case the sale was made without any violation ...
In an action affecting the title or the right of possession of real property, the plaintiff, at the time of filing the complaint, and the defendant, at the time of filing his answer, when affirmative relief is claimed in such answer, or at any time afterwards, may record in the office of the registrar of deeds of ...
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.
When the annotation was involuntary (e.g., a notice of lis pendens in a dismissed case), a court may order its removal. Similarly, if an adverse claim is found to be unfounded, the proper judicial remedy is a petition before the court of competent jurisdiction to cancel the annotation.
In an action affecting the title or the right of possession of real property, the plaintiff, at the time of filing the complaint, and the defendant, at the time of filing his answer, when affirmative relief is claimed in such answer, or at any time afterwards, may record in the office of the registrar of deeds of ...
A lis pendens can only be filed if an action is pending. Additionally, the pending suit must involve real property, such as land and buildings. If these requirements are not met, the notice can be expunged.
