Can a Release be signed electronically?

Yes where ESIGN and state law permit electronic signatures, but you must confirm county recorder acceptance and satisfy any notarization or authentication requirements before e-submission.

Is notarization required to record a release?

Many jurisdictions require a notary acknowledgement for releases; others accept verified pleadings. Check local recorder rules. Where allowed, Remote Online Notarization (RON) may be used per state law.

What happens if the recorder rejects the filing?

The recorder typically returns a rejection notice with reasons. Correct deficiencies such as missing notary language, wrong instrument reference, or inadequate property description and refile promptly.

Who can file the release with the recorder?

The releasing party, their attorney of record, or an authorized agent may file. If an agent records, include a power of attorney or corporate resolution to evidence signing authority.

How do I confirm the release was recorded?

Obtain the recorded instrument number or copy from the county recorder, request an official receipt, and notify title insurers and relevant parties that the notice has been cleared.

Can a wrongful release be undone or challenged?

Yes. Fraudulent or improper releases can prompt civil claims, corrective instruments, or sanctions; parties may seek damages or corrective recordings if a release was executed without authority.

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Release of Lis Pendens

Release of Lis Pendens

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

What a Release of Lis Pendens Is and when it's used

A Release of Lis Pendens is a recorded legal instrument that removes or discharges a previously filed lis pendens (notice of pending litigation) from the public land records. Parties file a release when the underlying claim has been resolved, dismissed, settled, or when the claimant no longer seeks to encumber title. The document identifies the original lis pendens by recording details, states the reason for release, and directs the county recorder to remove the notice so title may be transferred without the recorded encumbrance.

Why recording a proper Release matters

Releasing a lis pendens clears the public record, restores transferable property title, and removes an encumbrance that can block sales or financing. A properly executed release reduces litigation risk, prevents wrongful-record claims, and documents the resolution of property-related disputes for title companies and prospective purchasers.

Who typically prepares or requests a Release of Lis Pendens

Typical users who prepare or request a Release of Lis Pendens include attorneys, property owners, title companies, and lenders involved in resolving recorded claims.

Attorneys and litigants — prepare and record releases following settlement, dismissal, or court order.
Title companies — require releases to clear title during closings and underwriting to permit transfers.
Lenders and buyers — request releases before funding or purchasing to ensure marketable title.

Core elements a professional Release should include

A professional Release of Lis Pendens unambiguously identifies the original notice, confirms the releasing party's authority, includes precise property identification, and provides proper acknowledgments to ensure acceptance by the county recorder and title underwriters.

Case ID

Cite the original case number, court name, filing date, and docket reference to unambiguously link the release to the recorded lis pendens and the underlying litigation or claim.

Parties

List the claimant(s) and the property owner(s) using full legal names, current mailing addresses, and counsel contact information to establish identity and parties entitled to record or object.

Recording Info

Provide the county recorder reference, instrument number or book/page, and original recording date so clerks can accurately locate and remove the recorded notice.

Release Reason

Describe the grounds for release—judgment, dismissal, settlement, or voluntary withdrawal—and include court order numbers or settlement identifiers when a judicial resolution applies.

Authority

Attach a signature block identifying the releasing individual, corporate officer, or attorney and state the basis of their authority to execute the release on behalf of the claimant.

Notary/Acknowledgment

Include a notary acknowledgment or state-required verification language and any supporting affidavit of service or court endorsement required for recordation in some jurisdictions.

Essential recording identifiers and document data

Recording County: County recorder jurisdiction where recorded

Instrument Number: Recorded instrument or document ID

Case Number: Court docket or civil case number

Property Description: Full legal description or parcel identifier

Parties' Names: Full legal names of all parties

Notarization: Notary acknowledgement or verification block

Step-by-step: from drafting to recorded release

Follow these steps to prepare, notarize, and record a Release of Lis Pendens so the notice is removed from public land records and title is cleared.

01

Draft Release: Prepare release referencing original lis pendens.
02

Notarize Signature: Sign before a notary as required.
03

Submit to Recorder: File with county recorder and pay required fees.
04

Confirm Recording: Obtain recorded instrument number and copy for records.

Online workflow settings for electronic completion

Suggested eSignature and workflow settings to streamline drafting, notarization, signing, and recording when permitted by local rules.

Field	Configuration
Standard Release of Lis Pendens Template	Select the verified release template for your jurisdiction.
Signature and Notary Block Requirement	Require notarization and include printed name field.
Signer Authentication Settings	Set email verification and optional SMS code.
Automatic Field Recognition	Enable Magic fields to populate case and party data.

How the release proceeds from signing to recordation

High-level flow showing where to file, how to obtain signatures, and how recordation removes the lis pendens from public records.

Prepare Document: Populate fields, reference original lis pendens.
Sign and Notarize: Authorized signer signs before a notary.
Record Instrument: Submit to county recorder with required fee.
Receive Confirmation: Obtain recorded instrument number and copy.

Digital signing and eSubmission considerations

Digital submission and eSign workflows can accelerate release processing while meeting ESIGN and state recording requirements when permitted.

File Formats: PDF or PDF/A accepted by many recorders
Integrations: Works with title and closing software
Authentication: Email, SMS, or stronger signer authentication

Confirm county recorder acceptance for electronic submissions and retain the full audit trail and recorded copies to support title insurance and future closings.

Key legal risks of incorrect or improper releases

Slander of Title: Civil damages and attorney fees

Sanctions: Court fines or sanctions

Removal of Notice: Recorder may expunge improper filings

Perjury Risk: False statements may bring criminal charges

Liability for Fees: Pay opposing counsel or court costs

Recording Rejection: Clerks may refuse defective releases

Common mistakes to avoid when preparing a release

Referencing incorrect instrument details — wrong case number or recorder reference causes clerks to record the release against the wrong file or reject the submission.
Using a short property address instead of the full legal description or APN increases the risk that recorders cannot match the release to the original lis pendens.
Failing to include a proper notary acknowledgment or using incorrect notary language often leads to recording refusal and delays in clearing title.
Allowing an unauthorized person to sign or omitting corporate authority statements can result in later challenges and potential civil liability.

Practical tips to ensure a smooth recording

Follow these best practices to minimize rejections and speed title clearance after filing a Release of Lis Pendens.

Verify recorder requirements

Before filing, confirm county recorder format, required notary language, attachments, and preferred submission method; noncompliance is a leading cause of rejection and delays.

Match original instrument exactly

Cite the original instrument number, book/page, case number, and recording date exactly as shown; mismatches cause misfilings and often require corrective instruments.

Use clear authority language

If an agent, corporate officer, or attorney signs, include a power of attorney, corporate resolution, or statement of authority to prevent later disputes about signing authority.

Keep audit trail and copies

Retain digital and paper copies of the release, notary acknowledgments, proof of service, and the recorded instrument for title insurance and future inquiries.

Timelines and recording expectations to plan for

Typical timing expectations for preparing, filing, and clearing a Release of Lis Pendens across court, recording, and title workflows.

Prepare Release Document:

1–3 business days, depending on counsel and document complexity.

Notarization and Signature:

Same day if signer available; otherwise expect a short delay.

County Recorder Processing:

Processing ranges from same day to several weeks depending on backlog.

Title Insurance Update:

Title insurers typically update within 2–10 business days after recording.

Removal Effective Date:

Release is effective upon recording; always verify instrument number.

Real-world examples of clearing recorded notices

Two brief examples show how timely releases cleared encumbrances and allowed closings or refinancing to proceed.

Tim Martin, Founder — Martin Properties

A regional property manager needed to remove multiple lis pendens after settlements to close pending sales across several counties.

Used online release templates and remote notarization.
I can process and execute all of these documents online with 100% compliance and built-in security. Whether on mobile or working offline, I can get forms back to their necessary parties efficiently.

Brian Fitzgibbons, COO — Optica Ventures LLC

An investor cleared a lis pendens following a voluntary dismissal to remove a barrier to refinancing and leasing.

Recorded a Release electronically and confirmed title update.
The interface is simple and easy-to-use for our team; more importantly, it is just as easy for our customers.

Who has authority to sign a Release of Lis Pendens

Plaintiff/Claimant

The plaintiff or claimant who originally filed the lis pendens may sign the release or authorize counsel to do so. If a corporate claimant signs, include officer title, corporate resolution, or other proof of authority to avoid later challenges to the release's validity.

Authorized Attorney

An attorney of record commonly signs and files the release on behalf of a client; include firm contact details and any required power of attorney documentation to demonstrate the attorney's authority to record the instrument.

eSignature vendor pricing and capability snapshot

Core pricing and capability differences among leading eSignature vendors relevant to preparing, signing, and delivering Releases of Lis Pendens.

	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 free trial	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No cap	100 envelopes/user/year	Varies	Varies	Varies

Frequently asked questions about releases and recording issues

Answers to common questions about preparing, signing, notarization, electronic filing, and handling rejected Release of Lis Pendens filings.

Need help? Contact support

Can a Release be signed electronically?
Yes where ESIGN and state law permit electronic signatures, but you must confirm county recorder acceptance and satisfy any notarization or authentication requirements before e-submission.
Is notarization required to record a release?
Many jurisdictions require a notary acknowledgement for releases; others accept verified pleadings. Check local recorder rules. Where allowed, Remote Online Notarization (RON) may be used per state law.
What happens if the recorder rejects the filing?
The recorder typically returns a rejection notice with reasons. Correct deficiencies such as missing notary language, wrong instrument reference, or inadequate property description and refile promptly.
Who can file the release with the recorder?
The releasing party, their attorney of record, or an authorized agent may file. If an agent records, include a power of attorney or corporate resolution to evidence signing authority.
How do I confirm the release was recorded?
Obtain the recorded instrument number or copy from the county recorder, request an official receipt, and notify title insurers and relevant parties that the notice has been cleared.
Can a wrongful release be undone or challenged?
Yes. Fraudulent or improper releases can prompt civil claims, corrective instruments, or sanctions; parties may seek damages or corrective recordings if a release was executed without authority.

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