Filing a lis pendens in California can be a complex and nuanced process, requiring careful attention to detail and a thorough understanding of the relevant laws and regulations. A lis pendens, also known as a notice of pendency of action, is a document that provides public notice of a lawsuit affecting title to or possession of real property. In California, the lis pendens form is a crucial tool for parties involved in real estate disputes, as it allows them to put potential buyers and other interested parties on notice of the pending litigation.
If you are considering filing a lis pendens in California, it is essential to follow the correct procedures and adhere to the relevant statutory requirements. Failure to do so can result in the lis pendens being expunged, which can have significant consequences for your case. Here are five tips for filing a lis pendens in California:
Understanding the Purpose of a Lis Pendens
Before filing a lis pendens, it is crucial to understand its purpose and the benefits it can provide in a real estate dispute. A lis pendens is a public notice that alerts potential buyers and other interested parties that a lawsuit affecting title to or possession of the real property is pending. This can be a powerful tool for preventing the sale of the property or other actions that could prejudice your claim.
Who Can File a Lis Pendens?
In California, a lis pendens can be filed by any party to a lawsuit affecting title to or possession of real property. This includes plaintiffs, defendants, and even third-party claimants. However, the party filing the lis pendens must have a legitimate claim to the property and a good faith belief that they will prevail in the lawsuit.
Preparing the Lis Pendens Form
The lis pendens form is a standardized document that must be completed and filed with the county recorder's office. The form requires the following information:
- A description of the real property affected by the lawsuit
- The names and addresses of all parties to the lawsuit
- A statement of the relief sought in the lawsuit
- A statement that the lawsuit affects title to or possession of the real property
It is essential to carefully complete the lis pendens form, as any errors or omissions can result in the document being rejected or expunged.
Filing the Lis Pendens
Once the lis pendens form is complete, it must be filed with the county recorder's office in the county where the real property is located. The filing fee for a lis pendens in California varies by county, but it is typically around $50.
Serving the Lis Pendens
After filing the lis pendens, it is essential to serve a copy of the document on all parties to the lawsuit. This includes defendants, plaintiffs, and any other parties who may be affected by the lawsuit. Service of the lis pendens can be accomplished through personal service or by mail.
Recording the Lis Pendens
In addition to filing the lis pendens with the county recorder's office, it is also essential to record the document. Recording the lis pendens provides constructive notice of the pending lawsuit to potential buyers and other interested parties. To record the lis pendens, you will need to file the document with the county recorder's office and pay the applicable recording fees.
Expungement of a Lis Pendens
A lis pendens can be expunged if the party who filed the document does not have a legitimate claim to the property or if the lawsuit is not likely to affect title to or possession of the property. Expungement of a lis pendens can have significant consequences, including the loss of priority and the potential for damages.
Seeking the Advice of a Real Estate Attorney
Filing a lis pendens in California can be a complex and nuanced process, requiring careful attention to detail and a thorough understanding of the relevant laws and regulations. If you are considering filing a lis pendens, it is essential to seek the advice of a qualified real estate attorney who can guide you through the process and ensure that your rights are protected.
What is a lis pendens?
+A lis pendens is a public notice that alerts potential buyers and other interested parties that a lawsuit affecting title to or possession of real property is pending.
Who can file a lis pendens in California?
+In California, a lis pendens can be filed by any party to a lawsuit affecting title to or possession of real property, including plaintiffs, defendants, and third-party claimants.
What happens if a lis pendens is expunged?
+If a lis pendens is expunged, the party who filed the document may lose priority and may be liable for damages.
By following these tips and seeking the advice of a qualified real estate attorney, you can ensure that your lis pendens is filed correctly and that your rights are protected. Remember to carefully complete the lis pendens form, serve the document on all parties to the lawsuit, and record the document with the county recorder's office. With the right guidance and support, you can navigate the complex process of filing a lis pendens in California and achieve a successful outcome in your real estate dispute.