US Legal Forms
Release of Lis Pendens

File A Lis Pendens On Property In Alameda

Category:

Real Estate - Lis Pendens

State:

Multi-State

County:

Alameda

Control #:

US-00403BG

Format:

Instant download

Description

The form titled 'Release of Lis Pendens' is a legal document used to officially remove a lis pendens that has been recorded against a property in Alameda. A lis pendens serves as a public notice that litigation involving a property is ongoing, which can affect the property's marketability. Completing this form is essential for individuals or entities that have resolved the issues prompting the lis pendens and want to eliminate this encumbrance from the property records. Users must fill in specific details, including the city, county, and the book and page number where the original lis pendens was recorded. This form is particularly useful for attorneys, partners, property owners, associates, paralegals, and legal assistants involved in real estate transactions or disputes. It facilitates the process of clearing the property title, ensuring that stakeholders can proceed with sales or transfers without legal hindrances. Filing this document with the local clerk's office marks the end of the litigation notice and restores the property's standing. Overall, this form promotes clarity and supports efficient property transfers in Alameda.

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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.

Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.

Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.

If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.

We protect your documents and personal data by following strict security and privacy standards.

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FAQ

Expunging a Lis Pendens This can happen if the party believes that the lis pendens was improperly filed or if the underlying lawsuit has been resolved. Court Hearing: If a party seeks expungement, the court will conduct a hearing to determine whether the lis pendens should be canceled.

To file a lis pendens, the party filing must have or show one of two things: That there is a recorded instrument, usually some mortgage or encumbrance, or perhaps something related to a construction mechanics lien—that potentially provides the filer the right to the property on or in the document.

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.

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.

File a request with the court to remove the lis pendens. Provide the legal reasons the lis pendens is improper, offering proof, for example, that the lis pendens affects real estate that is not connected to the litigation. If the lawsuit is frivolous and merely intended to harass the property owner, offer proof.

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 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.