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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

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

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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