Legal Question in Real Estate Law in California

Re: withdrawal of lis pendens

He needs to file in the action and record with the county recorder, a "Notice of Withdrawal of Lis Pendens."

If you are in escrow, your escrow officer should be able to help you/your husband with the forms.

Re: withdrawal of lis pendens

A lis pendens is only a notice, and whether it is "void" or not is kind of an irrelevant concept. Unlike a recorded lien, which can become void (unenforceable)through passage of time, a notice remaining on the public record continues to give notice, even though the notice is incorrect because litigation is no longer pending.

So, a counter-acting notice should be recorded, i.e., either an expungement or withdrawal. The former generally follows upon a court order, while the latter is "voluntary," although sometimes compelled by the institution of proceedings such as a motion for expungement or suit for slander of title.

A lis pendens can be withdrawn only by the person who filed and recorded it in the first place, usually the plaintiff's attorney. A non-attorney must obtain a judge's OK before filing and recording a lis pendens.

If you have an escrow pending, what position has been taken by the buyer or lender, or by the escrow officer, regarding the lis pendens? If all parties have researched the now-dismissed litigation and aren't concerned about it, the existence of the lis pendens is somewhat muted. On the other hand, in many cases an unwithdrawn and unexpunged lis pendens could be a deal-killer.

Re: withdrawal of lis pendens

You will need a removal of lis pendens, drawn by an attorney. You can contact me.