Notice of Pendency of Action

NOTICE OF PENDENCY OF ACTION

NOTICE OF PENDENCY OF ACTION

(Individual as Plaintiff / Claimant)

COMES NOW, , a party to an action who asserts a real property claim and hereby gives notice of the pendency of an action in which that real property claim is alleged pursuant to California Civil Code § 8461 and provides the following:

1. The names of all parties to the action are as follows:

a.

b.

c.

2. The real property affected by this action is located in County, California, and is legally described as follows:

3. Before being recorded, this Notice has either been signed by the attorney of record or by a party acting pro se and approved by a judge of the court in which the action is pending.

4. Before being recorded, the undersigned has served a copy of this Notice to all known addresses of the parties to whom the real property claim is adverse and to all owners of record of the real property affected by the real property claim as shown by the latest county assessment roll.

5. The undersigned has recorded with this Notice a proof of service or instead of proof of service, a declaration under penalty of perjury for adverse parties or owners with no known address for service.

6. Following recordation, the undersigned has filed a copy of the Notice with the court in which the action is pending, and has served in the same manner each adverse party later joined in the action.

7. From the time of recording this Notice, a purchaser, encumbrancer, or other transferee of the real property described in the Notice shall be deemed to have constructive notice of the pendency of the noticed action as it relates to the real property and only of its pendency against parties not fictitiously named. The rights and interest of the claimant in the property, as ultimately determined in the pending noticed action, shall relate back to the date of the recording of the Notice.

DATE:

I, declare under penalty of perjury under the laws of the State of California, that I have read the above Notice of Pendency of Action, and I know it is true of my own knowledge, except as to those things stated upon information and belief, and as to those I believe it to be true.

Executed , 20 at , California.

Or

PROOF OF NOTICE DECLARATION

(Civil Code § 8118)

I, declare that I have served copies of the NOTICE OF PENDENCY OF ACTION by (check appropriate box below):

See attached documentation provided by the US Postal Service or express mail service showing the date of delivery and the name of the person accepting delivery; tracking record or other documentation from express carrier showing attempted delivery or delivery of the notice; or, in the event of non-delivery, the returned envelope itself.

I declare under penalty of perjury that the foregoing is true and correct.

Signed at , California on 20

State of California

County of

On before me, (here insert name and title of the officer), personally appeared , who proved to me on the basis of

satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

Witness my hand and official seal.