Who must sign the release?

The release should be signed by the party who recorded the lis pendens or by someone with written authority, such as counsel or a corporate officer. If a court order directs the release, follow the order's signing instructions.

Is notarization always required?

Notarization requirements vary by state and county. Some recorders accept an unnotarized release if filed under court order; others require a notary acknowledgment or RON-compliant session.

Can a release be executed electronically?

Electronic signatures are valid under ESIGN and UETA when intent, consent, attribution, and retention are present. Confirm county recorder acceptance for eSigned and eRecorded instruments.

What if the recorder rejects the filing?

Review the rejection reason, correct the defect (e.g., improper notarization or wrong instrument reference), and resubmit. Keep documented communications and any corrected instrument copies.

How long until the release is reflected in title searches?

Processing may be same-day with eRecording but can take several business days depending on county workloads; allow 3–10 business days for index updates in many jurisdictions.

Do I need to notify the lender or title company?

Yes. Provide the recorded release copy to lenders, title insurers, and escrow to update lien positions and enable closings or refinances without title objections.

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Certificate of Release of Memorandum of Lis Pendens

Certificate of Release of Memorandum of Lis Pendens

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What the Certificate of Release of Memorandum of Lis Pendens Does

A Certificate of Release of Memorandum of Lis Pendens is a formal document recorded with the county recorder or clerk to remove a previously filed notice of pending litigation affecting title to real property. The certificate typically cites the original lis pendens recording information, states the legal basis for release (settlement, dismissal, vacatur, or court order), and identifies the party requesting release. Recording the certificate clears the public land records so future buyers, lenders, and title insurers can rely on marketable title.

Why a Timely Release Matters for Property Title

Releasing a recorded lis pendens restores marketability of title, prevents wrongful clouding of ownership, and reduces lender or purchaser objections. It documents that the underlying claim no longer impairs the property, limiting exposure to additional legal costs and facilitating real estate transactions.

Who Typically Prepares and Receives the Release

Each stakeholder uses the recorded certificate differently: courts and clerks record the instrument, title professionals accept it as proof of release, and parties rely on it to close transactions.

Plaintiff or plaintiff's counsel preparing the release after dismissal or settlement, often delivering the certificate for recording and distribution.
Defendant or property owner seeking clear title and confirmation that the lis pendens no longer impairs transactions or financing.
Title companies and lenders who monitor recordings and require formal release documentation before issuing title insurance or funding a loan.

Step-by-Step: Completing and Recording the Release

Follow this sequence to prepare, authenticate, and record the release for efficient clearing of title.

01

Prepare Document: Draft certificate referencing original lis pendens instrument details.
02

Obtain Authorization: Confirm signer has authority or court order permitting release.
03

Notarize If Required: Sign before a notary or complete RON session where accepted.
04

Record with County: Submit to the county recorder or clerk with applicable fee and copies.

How the Release Moves Through the Recorder’s Office

Recording procedures vary by county, but the general flow from submission to access is consistent.

Submission: Deliver original instrument and fee to the county recorder or use electronic recording (eRecording) where available.
Clerk Review: Clerk verifies signatures, notarization, and instrument format before acceptance.
Recording Entry: Recorder assigns instrument number and entry date; image becomes public record.
Return/Notice: Clerk returns recorded copy to requester and updates online index for title checks.

Configuring an Online Release Workflow

When using an eSignature and eRecording workflow, configure fields and authentication to match recorder and legal requirements.

Field	Configuration
Signature Field	Require signer signature and date; lock after signing to prevent tampering.
Notary Block	Include notary acknowledgement fields per state format when notarization is required.
Document Metadata	Add instrument reference, case number, and parcel number in search-friendly fields.
Authentication	Select signer verification (email+SMS or ID proofing) consistent with recorder guidance.

Technical Requirements for Digital Signing and Recording

Use a platform that preserves tamper-evident signed PDFs, provides notarization or RON support where allowed, and integrates with county eRecording vendors to reduce rejection risk.

File Formats: PDF/A or standard PDF accepted by recorders.
Audit Trail: Comprehensive timestamp and IP logging.
Integrations: Supports eRecording and cloud storage integrations.

Timing Considerations and Typical Processing Windows

Understand local processing timelines and any court deadlines that affect when a release can be recorded.

Court Orders Effective Date:

Record after the court's final order date.

eRecording Availability:

Immediate to 3 business days depending on vendor and county.

Clerk Processing:

Same-day to 10 business days; county-dependent.

Title Insurance Update:

Title companies may require recorded copy before issuing commitments.

Escrow/Lender Conditions:

Lenders often require release before funding a refinance or sale.

Key Milestones from Release Decision to Clear Title

Track these sequential milestones to confirm the release completes the clearing process.

01

Confirm Legal Basis

Obtain dismissal, settlement agreement, or court order supporting release.

02

Prepare Instrument

Draft release referencing the original lis pendens instrument and property.

03

Authenticate Signature

Notarize in-person or complete RON where accepted by the recorder.

04

Record and Distribute

Record with county and provide recorded copies to title company and parties.

Common Preparation and Recording Errors to Watch For

Incorrect reference to the original instrument number or recording date leading to mismatched public records and recording rejection.
Using an unsigned or improperly notarized signature block that county clerks will return as non-conforming.
Failing to confirm the authorized signer (e.g., corporate officer or court-appointed agent) causing challenges to the release's validity.
Omitting precise legal description or parcel identifier, which delays title clearing and complicates lender acceptance.

Consequences of an Incorrect or Invalid Release

Recording Rejection: Document returned

Continued Title Cloud: Transaction delays

Additional Legal Costs: Attorney fees

Liability Risk: Wrongful release claims

Insurance Denial: Title insurer may refuse coverage

Escrow Hold: Funding withheld

Authentication, Recordkeeping, and Compliance Considerations

ESIGN / UETA: E-signatures recognized when intent and attribution proven.

Notarization / RON: Follow state RON rules and retention for audio-video.

Audit Trail: Maintain timestamp, IP, and signer evidence.

PDF Integrity: Use tamper-evident signed PDF outputs.

HIPAA Consideration: Use BAA when health data included.

Retention Policy: Preserve instrument per recordkeeping rules.

Comparison: eSignature Options for Preparing and Signing a Release

Pricing and feature availability vary; signNow appears first. Verify vendor details against current plan pages before purchasing.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day trial	Varies	Varies	Varies	Varies
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
Envelope Cap	No cap	100 envelopes/user/yr	Varies	Varies	Varies

Frequently Asked Questions About Releases of Lis Pendens

Answers to common operational and legal questions encountered when preparing, authenticating, and recording releases.

Need help? Contact support

Who must sign the release?
The release should be signed by the party who recorded the lis pendens or by someone with written authority, such as counsel or a corporate officer. If a court order directs the release, follow the order's signing instructions.
Is notarization always required?
Notarization requirements vary by state and county. Some recorders accept an unnotarized release if filed under court order; others require a notary acknowledgment or RON-compliant session.
Can a release be executed electronically?
Electronic signatures are valid under ESIGN and UETA when intent, consent, attribution, and retention are present. Confirm county recorder acceptance for eSigned and eRecorded instruments.
What if the recorder rejects the filing?
Review the rejection reason, correct the defect (e.g., improper notarization or wrong instrument reference), and resubmit. Keep documented communications and any corrected instrument copies.
How long until the release is reflected in title searches?
Processing may be same-day with eRecording but can take several business days depending on county workloads; allow 3–10 business days for index updates in many jurisdictions.
Do I need to notify the lender or title company?
Yes. Provide the recorded release copy to lenders, title insurers, and escrow to update lien positions and enable closings or refinances without title objections.

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