Legal Question in Real Estate Law in California

Re: Lis Pendens

A lis pendens is never appropriate if the goal is to recover money, and there are stiff penalties if you improperly utilize a lis pendens. If you improperly utilize a lis pendens, the property owner can move to expunge it and the court will be required to award them their attorney's fees which you would have to pay. A lis pendens can only be filed after a lawsuit seeking title or possession of real property is first filed. You do not indicate why you are owed money; if you are a contractor, you may be able to utilize the mechanic's lien process. This is not an area where you can "do it yourself," and this is what attorneys are for.

Re: Lis Pendens

"Lis Pendens" is legal Latin for "litigation pending." The official term is now "Notice of Pendency of Action" but the old term is still in common use. As the name suggests, a prerequisite to filing and recording a lis pendens is that there be a lawsuit on file and active.

A lis pendens is only authorized in actions that affect the ownership or possession of real property. Merely having a lien on the property is insufficient.

Further, only an attorney may file a lis pendens without prior permission from a judge.

Re: Lis Pendens

I am not sure if you are using the correct term. If you have a lien on the property that is a different matter and strict time limits apply to prosecuting it. Call me directly at 16192223504.