Legal Question in Real Estate Law in California

The term you are looking for is "lis pendens." This is legal Latin for "litigation pending." The California statutes now refer to a lis pendens as a "Notice of Pendency of Action," but most lawyers still use the old Latin name.

A lis pendens doesn't really stop the sale of property, although it can have this effect. It is a recorded notice to the public that a lawsuit affecting title or the right of possession of the property described therein is under way. Since many buyers or lenders do not want to get involved with property where ownership is in dispute in court, the recording of a lis pendens has a chilling effect on deals. They make the property less marketable in most situations.

However, a LOT of property that is the subject of a lis pendens changes hands. A lis pendens is unlikely to forestall a foreclosure sale, for example.

If it is necessary to STOP sale of property, the person desiring to stop a deal should probably file a lawsuit and immediately request a temporary restraining order and follow that up with a preliminary injunction. These are court orders and can be written and directed to threatened improper transactions in a way that prevents the transaction.

A lis pendens is a notice of a lawsuit, and cannot be recorded or filed unless a lawsuit exists. A lawyer can prepare, sign, record, file and serve a lis pendens. An in pro. per. plaintiff cannot do so without prior approval of a judge. This is to prevent abuse of the power to affect the marketability of property.