Simi Valley California Notice of Pendency of Action filed against Real Property

State:
California
City:
Simi Valley
Control #:
CA-5023-KL
Format:
Word; 
Rich Text
Instant download

Description

This form is a Notice of Pendency Action Against Real Property. The form provides that notice is given to the defendant by the plaintiff of a pendency action. The form also contains an acknowledgment which must be signed in the presence of a notary public.


Simi Valley California Notice of Pendency of Action filed against Real Property is a legal document that serves to notify interested parties about ongoing legal proceedings related to a specific property in Simi Valley, California. This document, commonly referred to as an "is pendent," is recorded with the county recorder's office to provide public notice of a legal action involving the property. A Simi Valley California Notice of Pendency of Action filed against Real Property typically includes important information such as the name of the court where the action was filed, the case number, and the names of the parties involved. It also includes a detailed description of the real property in question, including its legal description, address, and Assessor's Parcel Number (APN). This notice is commonly utilized in various legal actions, including foreclosure proceedings, boundary disputes, partition actions, construction liens, and other similar cases where a party has a claim or interest in the property. The purpose of the notice is to alert potential buyers, lenders, and other interested parties that there is a legal action pending against the property, which may ultimately affect its ownership or encumbrance. Different types of Simi Valley California Notice of Pendency of Action filed against Real Property may include: 1. Foreclosure Li's Pendent: Filed when a lender initiates foreclosure proceedings against a property due to default on mortgage payments. 2. Mechanics' Lien Li's Pendent: Filed when a contractor, subcontractor, or supplier claims an unpaid debt related to construction or repair work performed on the property. 3. Boundary Dispute Li's Pendent: Filed when there is a disagreement or legal action relating to property boundaries between neighboring property owners. 4. Quiet Title Li's Pendent: Filed when a party seeks to establish or resolve ownership disputes over a property. 5. Partition Action Li's Pendent: Filed when co-owners of a property wish to split or sell their shares, and a legal action is initiated to divide or sell the property. It is essential for anyone considering acquiring or dealing with real property in Simi Valley, California, to carefully review any Notice of Pendency of Action filed against the property. Consulting with a qualified real estate attorney or conducting a thorough title search can provide further insights into the specific nature and implications of the action.

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How to fill out Simi Valley California Notice Of Pendency Of Action Filed Against Real Property?

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FAQ

A notice of pendency of action or lis pendens is a statutory procedure designed to give constructive notice of a lawsuit affecting real property. (Civ. Pro. C. § 405.2 et seq.)

Completion. If a lawsuit is not settled and expungement is not granted, then lis pendens will end when the civil action is completed and all appeals are over. The lis pendens is, in effect, replaced by the judgment entered and its effect on the real property.

Under California law, a lis pendens can be removed through a process known as ?expungement.? When the owner of real property believes a lis pendens has been improperly filed, they can file a motion to expunge the notice of pendency of action. If the motion is successful, the lis pendens will be removed and released.

A notice of pendency of action (formerly known as Lis Pendens) is a notice of a legal action in which a real property claim is alleged.

A Lis Pendens isn't a lien and cannot technically prevent the sale of real property. But it's an effective deterrent to potential buyers because it throws that property's ownership rights into question.

A Lis Pendens Can be Removed, Foreclosed or ?Expunged?, Even if it was Validly Recorded. Under California law, a lis pendens may be expunged by filing a motion with the court based upon a showing that: the claimant has not made a real property claim in their underlying lawsuit, or.

A lis pendens can only be removed with the consent of the person who registered it, or by obtaining a court order under Section 123 of the 2009 Act.

Formerly known as a ?lis pendens,? a notice of pendency of action is a written document, recorded with the county recorder, that provides constructive notice of a pending court action (i.e. a lawsuit) that affects title to, or possession of, real property.

Completion. If a lawsuit is not settled and expungement is not granted, then lis pendens will end when the civil action is completed and all appeals are over. The lis pendens is, in effect, replaced by the judgment entered and its effect on the real property.

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(1) The claimant must file a lawsuit which asserts a real property claim (Cal. A lis pendens is a "notice of the pendency of an action in which a real property claim is alleged." California Code of Civil Procedure § 405.2. See pricing and listing details of Simi Valley real estate for sale.

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Simi Valley California Notice of Pendency of Action filed against Real Property