California Lis Pendens Notice in Connection with Action to Foreclose

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Multi-State
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US-01458BG
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Word; 
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Description

Lis pendens means "a suit pending". A lis pendens is a written notice that a lawsuit has been filed involving the title to real property or some interest in that real property. Notice to the defendant who owns the property and potential buyers or financiers is given by filing the lis pendens with the clerk of the court, certifying that it has been filed, and then recording it with the County Recorder. The lis pendens must include a legal description of the real property, and the lawsuit must involve the property.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

There are five grounds for lis pendens expungement. 1 ? The Underlying Action Does Not Involve a Real Property Claim. ... 2 ? ?Void or Invalid? Lis Pendens Recording. ... 3 ? Claimant Has Not Shown Probable Validity of Underlying Claim. ... 5 ? Claimant Fails to File an Undertaking.

Once the lis pendens is recorded with the County Recorder in the county in which the real estate is located, all persons who thereafter deal with the property are bound by all past and future rulings of the court in the subject litigation. By comparison, a lis pendens is a little bit like a first trust deed.

A lis pendens effectively clouds the title to the property described in the notice and impedes a subsequent sale or encumbrance of the property until the litigation is resolved or the lis pendens is expunged. (Malcom v. Superior Court (Green) (1981) 29 Cal. 3d 518, 523, fn.

Said Lis Pendens remains as long as the action is pending, unless it is voluntarily withdrawn or expunged (wipe out - erase) by motion to the court. Caution should still be used even if the Lis Pendens is removed since danger may still exist for a Title Company.

The lis pendens takes the form of a notice, which is a type of legal document that must contain the names of all the parties in the lawsuit and a description of the property affected by the action. (CCP § 405.20.) Once the notice includes this information, it must be signed.

Releasing a lis pendens in California requires that the party that signed the original lis pendens, or their successor in interest, must sign and record the notice of release of lis pendens . The signature on the notice of release of a lis pendens must be notarized.

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.

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California Lis Pendens Notice in Connection with Action to Foreclose