Legal Question in Real Estate Law in California
Is there a form that is used when a party wants to withdraw a lis pendens? If so, how can I get one? If not, what type of document do we use to withdraw?
2 Answers from Attorneys
There is no official form. I have never seen a preprinted, fill-in-the-blanks form that you might buy at a stationer's, but that doesn't mean they don't exist. Usually, the lawyer that created, recorded, filed and served the lis pendens will cut-and-paste the property description and other material used to create it into a withdrawal, which is then notarized, recorded, filed and served.
Occasionally, lites pendentes are done by self-represented parties, but since a judge's prior approval is necessary, they are somewhat unusual.
I have examples in my files and would be willing to send you one, if you'll send me your FAX, e-mail or postal mailing address. They are pretty simple.
I agree with Mr. Whipple. The Notice of Withdrawal of Pendency of Action is usually done on pleading paper (the paper with the lines on the left and the numbering.)