Legal Question in Real Estate Law in California

Re: Lis Pendance

The term 'lis pendens' is legal Latin for 'litigation pending' and is officially superseded in California by the phrase 'notice of pendency of action' although many lawyers and courts continue to use the older term. See Code of Civil Procedure sections 405 - 405.8.

Generally, a lis pendens is filed, recorded and served in conjunction with or shortly after the filing of a lawsuit involving real property. The purpose and effect (when properly drawn up, served, filed and recorded) is to give notice to all parties that there is litigation under way which affects title to certain real property. This tends to tie up the property and prevent a defendant from taking out loans or selling the property while the suit is pending.

Since the recording of a lis pendens makes the property essentially unmarketable while it is in effect, anyone who causes a lis pendens to be recorded improperly is subject to claims for damage by the injured land owner.

The requirements for filing, serving, recording and eventually removing a lis pendens are rather technical and an attorney with real-estate experience should be retained to prepare them ,or to contest or remove them, as the case may be.

If you have property subject to a lis pendens or with to use one in Sonoma County, please contact me.