US Legal Forms
Release of Lis Pendens

File Notice Lis Pendens Without Notice In San Jose

Q: What is the lis pendens statute in California?

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.

Category:

Real Estate - Lis Pendens

State:

Multi-State

City:

San Jose

Control #:

US-00403BG

Format:

Instant download

Description

The document titled 'Release of Lis Pendens' outlines the procedure to release a previously recorded notice of lis pendens, stating that consideration has been received. This form is utilized to inform the relevant Clerk or Recorder’s office to cancel a lis pendens recorded in land records, thereby indicating that a legal action concerning a property is no longer pending. Users must provide specific details such as the city, county, and book/page information of the recorded lis pendens. Filling out the form requires an accurate declaration of the consideration received and the date of release. This form is instrumental for attorneys, partners, and associates involved in real estate transactions or litigation, as well as paralegals and legal assistants who may be responsible for filing or managing property documentation. It simplifies the process of clearing encumbrances associated with property disputes, thus promoting clarity in property ownership and legal affairs. Overall, the form serves as a critical tool in ensuring effective communication in the legal property narrative, particularly in San Jose, where real estate matters are frequent.

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FAQ

Once a Notice of State Tax Lien is recorded or filed against you, the lien: Becomes public record. Attaches to any California real or personal property you currently own or may acquire in the future. Is effective for at least 10 years (may be extended)

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.

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.

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.

Removing a Lis Pendens in California Other than resolution of the pending lawsuit, the only way to remove a lis pendens is by expungement, which requires a court order from a circuit judge.