Filing A Lis Pendens In California In Sacramento

State:
Multi-State
County:
Sacramento
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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FAQ

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.

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 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.

When a notice of lis pendens is filed in such an action, the plaintiff shall, within three days after the filing of the notice of lis pendens, serve upon the defendant a copy of the notice of lis pendens and of the complaint.

After a Lis Pendens is filed, it becomes part of the public record, warning anyone interested in the property that it is involved in a legal dispute. The property owner may challenge the Lis Pendens in court, seeking to have it removed if it was improperly filed.

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.

More info

First, you can only file a lis pendens if you have a pending lawsuit with the circuit court. Talkov Law's real estate litigators provide a free checklist of requirements to file a lis pendens (notice of pending action).A lis pendens also called a notice of pendency of action is a special type of legal document filed with a county recorder. A notice of pendency of action or lis pendens is a statutory procedure designed to give constructive notice of a lawsuit affecting real property. To file and record a lis pendens against real estate, the claimant must have made a "real property claim" in the underlying litigation. The form lis pendens below provides an example of a notice of pending action sent for recording with the county recorder. 1. You must first file a lawsuit in which title to the property is at issue between the parties; 2. All completed documents should be submitted to the Hall of Justice Building, 813 6th Street, Room 212 (2nd Floor) Sacramento, CA 95814. A Lis Pendens is filed with the County Recorder in the county where the piece of property that the law suit involves is located. We can help you understand your options and—in certain cases—help you fill out forms and provide instructions for filing and next steps.

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Filing A Lis Pendens In California In Sacramento