Sunnyvale California Arkansan Regional Medical Center Clerk's Notation of Lapsed

State:
California
City:
Sunnyvale
Control #:
CA-LR013T
Format:
Word; 
Rich Text
Instant download

Description

This form release and withdraws its action regarding lawsuit filed against individual to enforce/foreclose on Mechanics Lien.

The "Sunnyvale California Release of Notice of Pendency of Action (Li's Pendent) to Foreclose" is a legal document that serves as a notification to interested parties about ongoing foreclosure proceedings in Sunnyvale, California. It indicates that a property is subject to a lawsuit and that a foreclosure action has been initiated. The purpose of this notice is to inform potential buyers or anyone with an interest in the property about the pending legal action. This release of notice is essential in real estate transactions as it discloses the legal uncertainty surrounding the property. It notifies all concerned parties that a party claims an interest in the property, and until the lawsuit is resolved, the property's ownership may be in question. The release of notice of pendency of action is filed with the County Recorder's Office and becomes a public record, allowing prospective buyers or lenders to be aware of the legal proceedings and make informed decisions. In Sunnyvale, California, different types of release of notice of pendency of action (is pendent) to foreclose may include: 1. Residential Release of Notice of Pendency of Action to Foreclose: Pertains to the foreclosure of a residential property, such as a single-family home, townhouse, or condominium. 2. Commercial Release of Notice of Pendency of Action to Foreclose: Pertains to the foreclosure of a commercial property, such as an office building, retail space, or industrial complex. 3. Vacant Land Release of Notice of Pendency of Action to Foreclose: Applies to the foreclosure of a vacant land or lot, which may be intended for future development or investment purposes. 4. Multi-unit Property Release of Notice of Pendency of Action to Foreclose: Pertains to the foreclosure of a property containing multiple residential units, such as an apartment building or duplex. It is important to note that a release of notice of pendency of action (is pendent) does not necessarily indicate that the property will be foreclosed. It simply signifies that a legal action has been initiated, and interested parties should exercise caution when dealing with the property during the foreclosure process. Seek legal advice and conduct thorough due diligence before engaging in any real estate transactions involving properties with a release of notice of pendency of action in Sunnyvale, California.

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FAQ

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.

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 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.)

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.

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.

More info

The descriptions are general and are not intended to be complete legal definitions. Lis Pendens – Litigation Pending.Procedures and Time Limits: Record a Lis Pendens with the. Contained in the complaint. 2. Fidelity National Law Group and Sheri M. Kanesaka for Defendant and Respondent Ticor Title Company of California. Mortgage or a land contract in a typical real estate transaction.

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Sunnyvale California Arkansan Regional Medical Center Clerk's Notation of Lapsed