Legal Question in Real Estate Law in California

Re: lis pendens

The term "lis pendens" is legal Latin for "litigation pending" and is recorded with the county recorder and then filed with the court where the litigation is pending. If there isn't a lawsuit already pending in that court, no lis pendens can be recorded or filed.

In California, the term "lis pendens" has been officially replaced by the phrase "notice of pendency of action" in the statutes, but most lawyers still use the old term.

The lis pendens must be recorded in the county in which the property is situated, and filed in the court where the litigation is pending. Normally, this is in the same county, but not necessarily.

In California at least, and I can't speak for Nevada, there is no pre-printed, fill-in-the-blanks form for a lis pendens. California's legislature disfavors use of the lis pendens by inexperienced litigants, and requires that any self-represented party wishing to record and file a notice of pendency of action obtain a judge's permission beforehand.

Again, as a California lawyer I can't speak for Nevada. You need to retain a lawyer who practices in the area of wills, trusts and estates in the county where the property is situated, or, if there is currently litigation or a probate proceeding in a different county, in that county.

Re: lis pendens

Our CA/NV attorney has extensive real estate and litigation experience, and you need an attorney for this.

Re: lis pendens

You need to speak to an attorney at once -- in Nevada. The attorney could seek an injunction and thereby place a lis pendens on the property.