Release Of Lis Pendens Form For The Foreclosure Process In Sacramento
Category:
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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Talkov Law's real estate litigators provide a free checklist of requirements to file a lis pendens (notice of pending action). It must be filed with the county recorders office in Sacramento County.To file and record a lis pendens against real estate, the claimant must have made a "real property claim" in the underlying litigation. Find Your Court Forms. The form lis pendens below provides an example of a notice of pending action sent for recording with the county recorder. With a judicial foreclosure, the lender can also record a lis pendens which clouds title on the property. Instead, the foreclosure purchaser must remove (expunge) the lis pendens before it can initiate the eviction process. The entire process, from debt satisfaction to recordation of the release, ordinarily takes roughly four weeks to complete. Arbitration is an out-of-court process to achieve the same resolution. In summary, the environmental and appraisal process took three and onehalf years to complete before the City could be in a position to purchase.
