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The value of a Lis Pendens Lis Pendens is Latin for suit pending.

When a party, with interest in the title, files a lawsuit they can file a lis pendens. This lis pendens effectively clouds the title, alerting anyone looking at the property they are subject to the outcome of the litigation. It was one of the first things my attorney did when we

filed a lawsuit for Quiet Title on my property and as of today, no one will touch the property during the litigation. We usually hear about the banks filing the lis pendens in judicial states; in non judicial states the situation is reversed. Since the homeowner has to sue to stop a wrongful, non judicial foreclosure it is typically the homeowner filing to protect the homeowners interests. In California the statues governing the filing and expunging of a lis pendens are in Calif. Code of Civil Procedure 405405.61 (Click on the code to review all the codes) here are some key sections described in layman terms please see the Oncle site for the exact wording of each code, especially when quoting them in a pleading: 405.2 defines the Notice of pendency of action (lis pendens) 405.3 defines the probable validity meaning the individual filing the lis pendens is more than likely to get a judgment against the defendant. There are several interesting cases in regards to filing a lis pendens because this section suggests that the judge has to determine if it is likely the Plaintiff will win. How can they do that when the lawsuit is filed? Fu rther into this blog I will provide specific cases to consider in supporting your right to file a lis pendens. If the defendant attempts to fight you on filing the lis pendens, you will need to have case law to support your right to file the lis pendens. 405.4 defines a real property claim and basically states that the lawsuit should be in regards to title or right to possession of the specific property. (which one wonders what the impact of a lis pendens should have on a unlawful detainer which I will also discuss). 405.5 simply states that an actual action is pending in any Federal or State court. It has to be an active litigation to be an active lis pendens. 405.8 Allows for any party to seek an attachment, injunction or other relief, including expungement of a lis pendens. 405.20 explains what must be done to make the lis pendens effective. 1) must be filed in land records, 2) must have the names of all parties to the action, 3) description of the property affected by the action. 405.21 either an attorney of record in the action must sign the notice, or alternatively, a judge of the court where the lawsuit is pending, may approve the lis pendens (i.e. a pro se homeowner will need to get a signature of a judge on the lis pendens the homeowner cannot sign it and file it without court approval) 405.22 - explains who needs to be noticed and receive a copy of the lis pendens in order for the lis pendens to be effective. This includes all parties with an interest in the property, parties to the action and the court. The lis pendens is first approved by the judge, THEN a copy is sent to all parties. You have to have a proof of service on everyonethen file it with the land records.

405.23 the lis pendens will be void and invalid if all parties are not noticed and that proof of notice is not filed in the land records. In other words, when you file the lis pendens you have to file copies of every party that was served notice of the lis pendens. 405.24 Once the above is followed, everyone is put on notice that you are claiming rights to the title and that the final determination will relate back to the date the lis pendens was recorded. In laymans terms if someone buys the property AFTER you file the lis pendens they are subject to the outcome of your litigation and must give you back the property. So no bona fide purchasers from a Trustee Sale or bank REO are possible while a lis pendens is active.

Here are some cases where the lis pendens helped the property owner retain, or in some cases regain, their property with the assistance of the lis pendens.

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