Legal Question in Real Estate Law in California

Re: What form do I use to file a ''lespendens''

Well to place a lis pendens you will need a valid cause of action. Further, there are likely mediation and arbitration clauses in your property purchase agreement. I would need to see the contracts to be sure. It will turn on whether the contingencies were lifted and/or whether they were satisfied. You may contact me and I would be happy to provide my resume for your review. Best regards.

Re: What form do I use to file a ''lespendens''

Who are you looking at for suit, the bank? If so, it not seem as they have any liability? If the adverse, there must be satisfaction of the contingencies

JOEL SELIK

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Re: What form do I use to file a ''lespendens''

The type of document you're asking about is a "lis pendens," which is Latin for "litigation pending" and in more modern parlance is called a "notice of pendency of action." There is no prescribed form to fill in, although they tend to look similar to one another. A lawsuit must have been filed. The lawsuit must affect ownership or possession of real property. The legal description of the real property must be set forth in the lis pendens, which is first recorded with the county recorder, then filed with the court. Non-attorneys, i.e. plaintiffs acting in propia persons, must obtain a judge's prior approval before filing a lis pendens. The lis pendens must meet the general format requirements for all "court papers" such as proper caption, use of pleading paper, footers, proof of service on other parties, signature of the filing party, and the like.

There is no such legal term as "proprietary estoppel," at least to my knowledge. Maybe you mean "promissory estoppel," which is a legal doctrine that is sometimes an element in a suit for breach of contract. However, the only possible breached contract here might involve the bank's promise to lend. If you sue over a promise to lend, a lis pendens shouldn't be used because the suit is about money, not possession or use of real property.

Re: What form do I use to file a ''lespendens''

You are way out of your league. First, it is a "lis pendens" and there is no "form"; it can only be used after you have first filed a lawsuit and then it is "created" and utilizes the same caption as in the lawsuit. Moreover, it's PROPER usage is very limited and you face a potential award of damages against you by the property owner if you improperly use it. You need to see an attorney. Further, the fact that a property is zoned one way or another, or a lender will or will not loan on a property is NOT a basis for a lis pendens, as this has nothing to do with the seller or possession or title to the property.