Legal Question in Real Estate Law in California

Re: What is lispendes? And how does it work?

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

lis pendens: A suit pending in court. Notice of lis pendens filed with a public records office is said to put the whole world on notice that the status of the property or matter being litigated is unsettled and therefore one should proceed with caution in entering into agreements concerning said property.

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.

Re: What is lispendes? And how does it work?

The term 'lis pendens' is legal Latin and would translate most directly as 'litigation pending.' In California statutes, the term has been modernized to 'notice of pendency of litigation' instead of 'lis pendens,' but the old term is shorter and still widely used by lawyers and judges.

A lis pendens is a short (usually one or two pages) and somewhat formal written notice stating that a lawsuit has been filed which affect title or possession of real property. The lis pendens is usually prepared at the time the suit is first filed, or shortly thereafter. The lis pendens is first recorded at the county recorder's office, then filed with the court where the lawsuit is pending.

The effect of the recording and filing of the lis pendens is to establish a priority for the claim of the litigant, to provide notice that there is a claim pending on the property, and thus to prevent (for practical purposes) sale, transfer, leasing or mortgaging of the property in a way adverse to the litigant who filed the lis pendens.

Since use of the lis pendens is potentially subject to abuse, only lawyers can prepare, file and record them, except that an in pro per litigant can file his/her own lis pendens with prior approval of a judge.

A defendant can remove an improper lis pendens on his property by making a motion to expunge it. The party filing the lis pendens can withdraw it upon settlement of the case, and a trial and entry of judgment will have the same effect.

A lis pendens cannot be used except in cases where title, possession or other interest in real property itself is at issue. They cannot be used where the real property is merely security for a money debt.

Re: What is lispendes? And how does it work?

I need to correct my prior answer. The California statutory term is 'notice of pendency of action' and not 'notice of pendency of litigation' as I said earlier. Sorry.