Santa Clara California Lis Pendens Notice in Connection with Action to Foreclose

State:
Multi-State
County:
Santa Clara
Control #:
US-01458BG
Format:
Word; 
Rich Text
Instant download

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

"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.

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.

SUMMARY. A party to a lawsuit intended to affect real estate may record a notice on the land records containing the names of the parties, the name and object of the suit, the court where it will be heard, and a description of the property. This is called a notice of lis pendens, which signifies pending litigation.

A Lis Pendens Can be Removed, Foreclosed or Expunged, Even if it was Validly Recorded. Under California law, a lis pendens may be expunged by filing a motion with the court based upon a showing that: the claimant has not made a real property claim in their underlying lawsuit, or.

A Lis Pendens Surety Bond is a type of judicial court bond where a Plaintiff seeks to prevent the sale or loan of property by the Defendant. This surety bond ensures that the plaintiff is filing the Lis Pendens in good faith and not under false claims.

Unlike the position applying to the High Court Central Office register, registration in the Land Registry every five years is unnecessary and for so long as the lis pendens remains undischarged, it will remain on the register and bind a purchaser.

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.

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.

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.

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Santa Clara California Lis Pendens Notice in Connection with Action to Foreclose