
840 10 Lis Pendens; Who May File; Effect When Void; Discharge Form


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People also ask
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What are the benefits of lis pendens?
The lis pendens, when recorded, is a notice warning all prospective buyers or encumbrances that title to or possession of the real estate is in dispute. The purpose of a recorded lis pendens is to preserve rights to the real estate until the dispute with the owner is resolved.
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What happens after lis pendens is filed in California?
Short Answer: After filing a lis pendens, property sales may stall due to legal disputes impacting the title. Misfiling can result in sanctions or slander of title damages. Removal involves court-ordered expungement or voluntary discharge.
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How do you get around lis pendens?
In most cases, you will need to petition for dismissal of a lis pendens unless the pending action is resolved, whatever the outcome. If you can show that the claimant does not have a real property claim that is reasonably valid, you could easily have the lis pendens, and the case, dismissed.
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What is lis pendens in layman's terms?
The literal translation of Lis Pendens is “suit pending.” It is also sometimes referred to as a “Notice of Pendency of Action.” As the name suggests, the purpose is to let others know that there is an active lawsuit.
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What happens after lis pendens?
Short Answer: After filing a lis pendens, property sales may stall due to legal disputes impacting the title. Misfiling can result in sanctions or slander of title damages. Removal involves court-ordered expungement or voluntary discharge.
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What conditions are required to be fulfilled for the application of rule of lis pendens?
The suit or proceeding must be pending before a competent court of jurisdiction. A right to immovable property is directly or specifically involved in the suit. The suit or proceeding must not be collusive. The property in dispute must be transferred or otherwise dealt with by any party to suit.
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What does discharge of lis pendens mean?
The lis pendens merely puts the world on notice that the foreclosure is pending. Now that the foreclosure is over the lis pendens has been released. The foreclosure complaint may have been withdrawn or settled or the Sheriff's Sale completed, but the foreclosure is no longer pending.
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What is the effect of a lis pendens?
Lis pendens provides constructive notice, or a warning, to prospective homebuyers that the ownership of a property is in dispute and litigation is pending. Lis pendens can only be filed if a claim is related specifically to the property.
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