Form Lis Pendens Foreclosure In Alameda
Category:
State:
Multi-State
County:
Alameda
Control #:
US-00403BG
Format:
Word
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 lenders 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. A person who records a false lis pendens will be subject to the penalty of payment of attorney's fees. A petition to remove the lis pendens from real property may be brought by the defendant when the property is not involved in the lawsuit.
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First, you can only file a lis pendens if you have a pending lawsuit with the circuit court. What are the steps to file and record Notice of Lis Pendens without going to a lawyer.I have downloaded the form. Talkov Law's real estate litigators provide a free checklist of requirements to file a lis pendens (notice of pending action). Lis pendens is a notice lenders use when they initiate a foreclosure sale. While you can file a lis pendens prior to actually filing a lawsuit, it probably will not stop the foreclosure sale. Instead, the foreclosure purchaser must remove (expunge) the lis pendens before it can initiate the eviction process. A recent appellate court decision allowed a plaintiff to record a notice of lis pendens on rental properties based on a constructive trust cause of action.
