San Bernardino California Lis Pendens Notice
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FAQ
The doctrine of lis pendens literally means pending suit, and lis pendens notices are the machinery whereby a party with an unrecorded or unperfected claim to real property can put third persons interested in the property on notice of the claim or interest.
But a lis pendens is different. While a lien can be put against the title for unpaid taxes, child support, or even home contractor fees, a lis pendens is a potential lien. It means the right to ownership of the property might be uncertain, but the decision hasn't been made yet.
"SECTION 77. Cancellation of lis pendens Before final judgment, a notice of lis pendens may be cancelled upon order of the court, after proper showing that the notice is for the purpose of molesting the adverse party, or that it is not necessary to protect the rights of the party who caused it to be registered.
Translated from Latin, lis pendens means a suit pending. So if you're selling a home with a lis pendens, you have a formal notice of a pending lawsuit on a property that could interfere with the sale.
Formerly known as a lis pendens, a notice of pendency of action is a written document, recorded with the county recorder, that provides constructive notice of a pending court action (i.e. a lawsuit) that affects title to, or possession of, real property.
Once a lis pendens is filed, notice is officially recorded in the property's county recording office and that record is reflected in any title reports, which can make buying and selling the property extremely difficult.
Completion. If a lawsuit is not settled and expungement is not granted, then lis pendens will end when the civil action is completed and all appeals are over. The lis pendens is, in effect, replaced by the judgment entered and its effect on the real property.
A lis pendens notice is a notice recorded in a real property's chain of title and is designed to enable interested third parties to discover the existence and scope of pending litigation affecting the title to or asserting a mortgage, lien, security interest, or other interest in real property.
Completion. If a lawsuit is not settled and expungement is not granted, then lis pendens will end when the civil action is completed and all appeals are over. The lis pendens is, in effect, replaced by the judgment entered and its effect on the real property.