Legal Question in Real Estate Law in California

Re: Lis Pendens On Property

Just want to take the money and run, eh? What kind of deed did you execute back to the trust? Grant deed or quit claim? Grant deed might mean you just committed fraud. Your plan is to let the broker hang, eh? I bet it doesn't work. They might just sue you along with him for conspiracy anyway. I would be careful.

Re: Lis Pendens On Property

What was the Lis Pendens for? Did you see the lawsuit? There may be a cloud of title as to the recording chronology. Please contact our office with these answers and we can help you further.

Re: Lis Pendens On Property

A lis pendens is a notice to the effect that the property is the subject matter of a lawsuit; were you or the property involved in a lawsuit? Technically, the loan should not have gone through until the lis pendens was either withdrawn or expunged, and your lender's deed of trust is jeopardized by the existence of the lis pendens. It sounds as though your loan broker kept the lis pendens quiet, and/or the title insurer did not do their homework. In either scenario, you need to get the lis pendens resolved, as it is/will cause a great many problems down the road if you do not. Also, when you put the property back into the trust after the loan funded, the trust's interest became subject to the lis pendens. You really need to see a real property attorney and take all your paperwork with you. We are in Orange County, if that is convenient for you; just call our office and make an appointment to come in. If you are out of the Southern California area, call your county's bar association for a referral to an attorney who specializes in this type of matter.