Legal Question in Real Estate Law in California
Lis Pendens @ Santa Clarita, California: I have a lis pendens recorded against my property even when the court expunged it in 1/2011. The case against my property was dismissed in 1/2011, so there is no litigation.
The buyer of my house cancelled the sale because the lis pendes is a cloud on the title because it is recorded on the property.
I explained that the lis pendens was expunged, but they said that is a cloud on the title. Does the lis pendens create a cloud on the title even when the case is dismissed?
The county recorder's office says I cannot file the notice of expungement per 405.50 because I am not the one who filed it. I read the code and they are correct. I asked my neighbor (former Plaintiff-person who recorded the expungement) to file a notice of expungement with the recorder's office, however, they don't want to remove it.
Can I sue my neighbor for slander of title or other torts?
Thank you- Kristin Zhang-Cheng
2 Answers from Attorneys
When the court expunged the lis pendens, the court should have given you a written order that was recordable. That written order should have been recorded, which expunges the lis pendens. Do you know if any of that happened?
Mr. Roach is correct. Code of Civil Procedure section 405.50 refers to a withrdawal, not an expungement. If you had a lawyer, your lawyer should have arranged to obtain a "hard copy" of the expungement order and for recording of the order, or an abstract thereof. If you were self-represented, go to the clerk of the court and obtain a certified copy of the expungement order. The recorder should accept that for recording. I don't think you have a good case for slander of title.
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