Legal Question in Real Estate Law in California

Re: Lis Pendens

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Re: Lis Pendens

You must file the law suit first, and then prepare the lis pendance, which is recorded with the recorder.

Re: Lis Pendens

After you file an action which affects an interest in real property, you file a document called Notice of Pendency of Action at the county recorder which references the lawsuit. A Lis Pendins is the terminology used at common law. Statutorily in CA it is called Notice of Pendency of Action.

If the lawsuit is substantial, you should probably have an attorney assisting you. If it is minor, a notice of pendency of action will buy you little benefit since it can easily be dealt with through title insurance.

Re: Lis Pendens

You got the spelling correct; the instrument is a 'lis pendens.' The other answers described the sequence of events properly, which is:

1. First, a lawsuit (complaint or cross-complaint) affecting title or possession of real property must be filed;

2. Next, the lis pendens (now officially a Notice of Pendency of Action but everyone still uses the shorter phrase 'lis pendens') is recorded.

3. After recording, a copy showing the fact of recording is filed with the court.

4. The lis pendens is then served by a method of service separately described in the Code of Civil Procedure and differing from the means by which the summons and complaint are to be served.

Please note that to prevent abuses of the lis pendens, California law requires that a party appearing in pro. per. (representing himself) must obtain a judge's permission before filing a lis pendens.

A recorded lis pendens severely limits the marketability (or collateral value) of the affected property, and there are severe penalties for this mis-use, including liability for damages to adversely affected parties.