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What is a Lis Pendens?

  Lis pendens is latin for “suit pending”.   It is also often referred to as a Notice of Pendency of Action.   It is a notice recorded with the County Recorder’s Office in the county where the property is located that puts the world on notice, through its recording, that there is a lawsuit currently pending that concerns title or possession to the real property. When properly recorded, a lis pendens imparts constructive notice to subsequent purchasers, transferees and encumbrancers that an action is pending which affects the real property described in the notice.  California Code of Civil Procedure Section 405.24.  We typically see lis pendens recorded in several types of cases, including:  quiet title, specific performance, easement cases, partition, adverse possession, wrongful eviction

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Posted in Lien On Property, Lis Pendens, Litigation, Partition, Purchase and Sale, Quiet Title, Real Estate Attorney Los Angeles, Specific Performance

Quieting Title to Real Property – Los Angeles

Quieting title is the process through which a party tries to resolve disputes concerning the legal right, ownership and use of real property. At Schorr Law, we view it as a catch all term to some degree or an umbrella term for actions to resolve competing interests in real property. Here are a few things to consider before quieting title to real property:   Do you have a title report? If you have a title report you have a general understanding of the competing claims to the real property. Without such a report, you may be left guessing as to what claims have already been legally recognized.  Usually, when you purchase property you will have obtained a title report – so check your files.  

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Posted in Lis Pendens, Ownership, Quiet Title

Slander of Title Based on a Recorded Lis Pendens

In our previous blog posts, Schorr Law discussed the effect of a lis pendens and slander of title claims. In this post, we specifically discuss the ability of a party to bring a slander of title claim based on the recording of a lis pendens. In many types of real property lawsuits affecting title, parties record a lis pendens against the subject property to provide the world with notice that litigation affecting that property is pending. This generally causes an interference with any pending sale or refinancing transaction, even if the claim does not have any merit, because it is essentially a litigation lien that clouds title. Because a lis pendens is recorded as part of litigation, it is considered protected activity under the litigation

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Posted in Lis Pendens

Expunging a Lis Pendens by Posting a Bond

In many of the real property cases our Los Angeles based real estate attorneys handle, the plaintiff records a lis pendens to secure their real property claim involving the property at issue.   A lis pendens, otherwise known as a notice of pendency of action, is a pre-judgment lien recorded in the County Recorder’s office that puts the world on notice that there is a matter affecting record title. It also means that subsequent transfers or liens do not have priority over the plaintiff’s claim. Often times, the party whose property is subject to the lis pendens will want it removed. The most common basis to remove the lis pendens is by showing that the plaintiff either does not have a real property claim (Code of Civil

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Posted in Lis Pendens, Residential Real Estate

Specific Performance Against Third Parties

Whenever we are presented with a new specific performance case on behalf of a buyer we always recommend that we immediately file a lawsuit so that we can record a lis pendens and help prevent the sale of the property to a third party without our buyer client’s knowledge. Sometimes, however, there are situations where the seller has already sold the property out from under the buyer without the buyer’s knowledge. In those circumstances, the question becomes whether the buyer has the right to enforce the purchase and sale contract and seek the property from the new buyer. In other words, what are the buyer’s rights when the seller conveys property to a third party? The answer is – it depends on the status of

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Posted in Lis Pendens, Purchase and Sale, Specific Performance

How to Avoid Real Estate Fraud: Suggestions for Buyers and Sellers

How to Avoid Real Estate Fraud: Suggestions for Buyers and Sellers Our Los Angeles Real Estate Lawyers have seen all sorts of real estate scams over the years that result in litigation.  Through experience dealing with real estate fraud and unscrupulous buyers and sellers we have a few tips to offer: Suggestions If You Are A Buyer Sellers engage in many types of scams.  One of the most basic types of scams is attempting to sell property that the seller does not own or that has undisclosed encumbrances or liens.  For a buyer, one of the most important things to examine during a purchase and sale transaction is the preliminary title report.  The title report gives a clear picture of recorded title and the type

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Posted in Lis Pendens, Non-Disclosure, Real Estate Fraud

Bonding Around a Lis Pendens

A lis pendens is a recorded instrument, recorded in the office of the county recorder where land is located, that gives constructive notice of a pending lawsuit affecting title to prescribed real property. (Gale v. Sup. Ct. (Gale) (2004) 122 Cal.App.4th 1388, 1395.) Certain lawsuits, such as quiet title or partition actions, require the parties to file and record a lis pendens against the property at issue. As you can imagine, a pending lawsuit affecting your property can make things complicated if you are trying to sell or refinance your property – most buyers or lenders shy away from properties involved in lawsuit due to uncertainty. Based thereon, it is not uncommon for someone to file a lawsuit just so they can record a lis pendens against your property

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Posted in Lis Pendens

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Zachary D. Schorr has been named to the Southern California Super Lawyers (Rising Stars) list for attorneys in Real Estate for 5 straight years - 2012, 2013, 2014, 2015 and 2016. Each year, no more than 2.5 percent of the lawyers in the state receive this honor. In 2016 he was also included as one of the top 100 lawyers in Southern California in this category. The selection for this respected list is made by the research team at Super Lawyers.

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