The Contra Costa California Release of Notice of Pendency of Action (Li's Pendent) to Foreclose is an important legal document filed in the county of Contra Costa, California. This document serves as a public notice that a foreclosure action has been initiated against a particular property within the county. When a Notice of Pendency of Action (Li's Pendent) to Foreclose is initially filed, it indicates that a lawsuit or legal action has been started against the owner of the property. It is commonly filed by a lender or mortgage holder who seeks to foreclose on the property due to a default on the mortgage or loan payments. Once the foreclosure action is resolved, either through a sale of the property or other settlement, a Contra Costa California Release of Notice of Pendency of Action (Li's Pendent) to Foreclose is filed to officially remove the notice from the property's public records. There may be different types of Contra Costa California Release of Notice of Pendency of Action (Li's Pendent) to Foreclose, depending on the specific circumstances of the foreclosure process. Some common types may include: 1. Voluntary Release: This type of release is filed by the party who initiated the foreclosure action, often a lender or mortgage holder. Upon resolving the foreclosure process, this release is filed to voluntarily dismiss the is pendent and remove any cloud on the property's title. 2. Dismissal without Prejudice: In certain cases, the foreclosure action may be dismissed without prejudice, meaning it could be refiled at a later date. The release in such cases would indicate that the is pendent is being released without prejudice, allowing the party to potentially pursue foreclosure again in the future. 3. Dismissal with Prejudice: If a foreclosure action is dismissed with prejudice, it means that it cannot be refiled in the future. In this case, the release would indicate the definitive end of the foreclosure action and the removal of the is pendent from the property's records. 4. Release following Resolved Foreclosure: Once the foreclosure process has been successfully completed, and the property has been sold or otherwise resolved, a release is filed to remove the is pendent from the property's title. This release represents the successful closure of the foreclosure action and provides a clear title to the property. It is important to consult with legal professionals or experts in real estate and foreclosure matters to fully understand the specific details and requirements for filing a Contra Costa California Release of Notice of Pendency of Action (Li's Pendent) to Foreclose. This document plays a significant role in the foreclosure process, ensuring transparency and clarity for potential buyers or interested parties in the property.
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FAQ
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.
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.
Cancellation of lis pendens ? Before final judgment, a notice of lis pendens may be cancelled upon order of the court, after proper showing that the notice is for the purpose of molesting the adverse party, or that it is not necessary to protect the rights of the party who caused it to be registered.
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 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.
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.
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.
Specifically, a court can expunge a lis pendens if the court finds ?adequate relief can be secured to the claimant by giving of an undertaking? (bond). (Code Civ. Proc. § 405.33.)
