Legal Question in Real Estate Law in California

Either way would probably work, and the statute doesn't say, but generally I'd think getting the judge's approval before taking any other action would be logical and sensible.

Formerly known as a "lis pendens," a "notice of pendency of action" is a notice of the pendency of an action in which a real property claim is alleged. (Code Civ. Proc., � 405.2.)

Because you represent yourself, you have to sign it, and then have a judge approve it, prior to recording. (Code of Civ. Proc., � 405.21.)

The notice of pendency of action is not notarized, also called "acknowledgement" in the codes. The notice of withdrawal of a "notice of pendency of action", however, must be acknowledged. (Code Civ. Proc., � 405.50.)

There are other procedural and technical matters involved, and I really suggest that you get an attorney and not risk losing real property over a desire to save some money.