5 Steps To File Notice Of Withdrawal Of Lis Pendens California

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Filing a notice of withdrawal of lis pendens in California can be a complex process, but understanding the steps involved can make it more manageable. Lis pendens, also known as a notice of pending action, is a document filed with the county recorder's office to notify potential buyers or creditors that a lawsuit is pending regarding the property. If the lawsuit is resolved or settled, it's essential to file a notice of withdrawal of lis pendens to release the property from the lien.

Understanding the Importance of Withdrawing Lis Pendens

Before diving into the steps, it's crucial to understand why withdrawing lis pendens is necessary. Failure to withdraw the lis pendens can lead to complications in selling or refinancing the property. Potential buyers or lenders may be deterred by the presence of a lis pendens, even if the lawsuit is no longer pending. By withdrawing the lis pendens, you can restore the property's marketability and avoid potential delays or losses.

Step 1: Obtain a Court Order or Stipulation

To begin the process, you'll need to obtain a court order or stipulation that confirms the resolution of the lawsuit. This document serves as proof that the case is no longer pending and that the lis pendens can be withdrawn. If the parties involved in the lawsuit have reached a settlement, a stipulation can be filed with the court, indicating the agreement to dismiss the case.

Step 2: Prepare the Notice of Withdrawal of Lis Pendens

Once you have the court order or stipulation, you can prepare the notice of withdrawal of lis pendens. This document must include:

• The title of the case and the court case number
• A statement indicating that the lawsuit has been resolved or settled
• A description of the property affected by the lis pendens
• The name and address of the party who filed the lis pendens
• The date and time the lis pendens was recorded

Step 3: Sign and Notarize the Notice

The notice of withdrawal of lis pendens must be signed by the party who filed the lis pendens or their authorized representative. The signature must be notarized to verify the identity of the signer.

Step 4: Record the Notice with the County Recorder

Take the signed and notarized notice of withdrawal of lis pendens to the county recorder's office where the original lis pendens was recorded. The county recorder will verify the document and record it, which will release the property from the lien.

Step 5: Obtain a Certified Copy of the Recorded Notice

After recording the notice, obtain a certified copy from the county recorder's office. This document serves as proof that the lis pendens has been withdrawn and can be provided to potential buyers, lenders, or other interested parties.

Additional Requirements and Considerations

• Timeframe: In California, the notice of withdrawal of lis pendens must be recorded within 10 days of the resolution of the lawsuit.
• Fees: There may be fees associated with recording the notice, which vary by county.
• Multiple Properties: If the lis pendens affected multiple properties, a separate notice of withdrawal must be filed for each property.

Conclusion and Next Steps

Filing a notice of withdrawal of lis pendens in California requires attention to detail and adherence to the steps outlined above. By following these steps, you can ensure that the property is released from the lien and restore its marketability. If you're unsure about any part of the process, consider consulting with an attorney or real estate professional for guidance.