Legal Question in Real Estate Law in California

Re: lis pendence

Your first line of facts sounds incorrect...."the title company took title." Are you SURE? Taking title is not something a title company or anyone can do, any more than than it can marry your wife. Perhaps you are confusing a substitution of trustee, which is fairly common before a foreclosure sale, and often involves a title company since they do a lot of foreclosure work as substituted trustees.

Once a susbstitution of trustee has taken place, the new trustee can then conduct the foreclosure sale, and the loan company will often be the high bidder and hence the new owner.

A "lis pendens" is a notice that a lawsuit is on file and pending adjudication. Your lawyer's lis pendens is only effective as to matters recorded after the date the lis pendens was recorded. Also, ultimately, the lis pendens is no more powerful or useful than the merits of the lawsuit of which it gives notice.

What do you mean by "I have a proven fraud case?" Has the case gone to trial and did you win? If not, I'd hesitate to declare that anything is proven. Sounds more to me as though you have a mistaken belief that you've been defrauded, based on misunderstanding the substitution of trustee for something more sinister.

An unlawful detainer case is a so-called summary proceeding, and moves forward on a tight schedule. Your lawyer should be defending you in the UD (eviction) matter by raising the issues in the other (fraud) case as defenses.

Finally, if you have a lawyer, why are you asking LawGuru instead of your own counsel?