Legal Question in Real Estate Law in California

Re: quiet title/adverse possession

A Lis Pendens is a prerequisite to maaintaining an action for quite title or adverse possession.

Re: quiet title/adverse possession

The lis pendens clouds the title to the property and prevents the owner of record from transferring it. If someone else takes title to the property after you record the Lis Pendens, they would be bound by the judgment in your quiet title lawsuit. Filing a Lis Pendens in this type of case is an absolute must for you.

Re: quiet title/adverse possession

There are risks and benefits to a lis pendens; your attorney can explain these to you. It would be common where title is in issue for a lis pendens to be filed to prevent sale before the case is resolved. There are risks.

Re: quiet title/adverse possession

It is more then a good idea, it is a requirement.

Re: quiet title/adverse possession

Code of Civil Procedure section 761.010(b) says "Immediately upon commencement of the [quiet title] action, the plaintiff shall file a notice of the pendency of the action [i.e., a lis pendens] in the office of the county recorder of each county in which any real property described in the complaint is located."

If you are in pro. per., please read and understand Code of Civil Procedure sections 405 et seq. especially 405.21 before attempting to record and file your lis pendens [called "notice of pendency of action" in the Code nawadays]. You will see that an attorney of record may sign one, but an unrepresented party must obtain the prior approval of a judge of the court in which the action is pending.