Legal Question in Real Estate Law in California
My home is on short sale, on escrow and closing is 7/25. There is a lis pendens recorded, the case already dismissed 18 months ago, my chapter 7 BK discharged 2 years ago, but the lis pendens still there, the Title company requires lis pendens released but the former plaintiff don't want to sign release. I can not afford a lawyer, close of escrow is 7/25, I need help.
2 Answers from Attorneys
What in the world did you wait so long for? There is a procedure in California to file a motion to have the lis pendens expunged and the successful moving party can be awarded their attorney's fees.
Ask the title company to give you a quote to "bond around" the claim. You should provide them every bit of inforrmation you have to show the claim is no longer good and the amounts involved. This way you can close, and the Lis Pendens can be resolved after the closing. This is gouing to cost you, but you should be able to close. If your title company refuses to bond around the issue. get another title company.
You should have checked title when you elected to list the porperty for sale. I'm surprised your broker did not do so early on.
Good luck
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