Legal Question in Real Estate Law in California

Re: Lis Pendens

Sounds to me as though there is a fraud by the ex-wife in the dissolution; I would have a competent and experienced family-law attorney, perhaps but not necessarily the one you used to file the lis pendens, go over the entire proceeding including the ex-wife's disclosures.

I'm not sure from your facts whether the results of the litigation for which the lis pendens was recorded will void the lien of the refinancing loan and leave the lender with nothing but an unsecured claim against your ex-wife; this is another issue you need to take up with the lawyer who filed (recorded) the lis pendens....please see my previous answers to your similar question giving a somewhat different factual scenario.

Re: Lis Pendens

The whole purpose of a lis pendens is to preclude any person or entity who acquires an interest in the property from claiming to be a BFP. You can file suit to set aside the transfer, naming the EX and the lender, and possibly a fraudulent transfer action against EX and consider conspiracy to engage in fraudulent transfer as regards the lender and the Ex together. Be aware that you may find that a)the lis pendens was not yet indexed, and/or b) that there was some middleman broker or title officer who assisted also. Take your recorded lis pendens, your divorce documentation and all info regarding the refinance loan to a real estate attorney (not family law)for more specific advice.