Lis Pendens Requirements In San Jose
Category:
State:
Multi-State
City:
San Jose
Control #:
US-00403BG
Format:
Word
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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). The form lis pendens below provides an example of a notice of pending action sent for recording with the county recorder.Before a lis pendens can be recorded, a civil lawsuit must be filed in a California court. The property must be located in Santa Clara County. In order to file a Lis Pendens, there must be an active lawsuit in which you have made a real estate claim. The lis pendens was required to be mailed to the owner's address as shown on the tax assessor's roll, regardless of whether that address was actually valid. Bay Area Real Estate Law Blog Logo. The decision of the superior court cannot be appealed. Instead, the losing party must file a writ of petition in the court of appeal. Thousands of real estate transactions occur in California each year, some simple and others extremely complicated.
