“Lis Pendens” is a Latin phrase which essentially means a pending suit. Lis Pendens is also known as a pendency of action in California and serves the purpose of letting prospective purchasers, encumbrancers, and other real property interest holders know that any interest they acquire in the property that is subject to the Lis Pendens may be affected by the outcome of a pending legal action concerning the property.
A Lis Pendens can be used in the following types of California real estate cases:
- Quiet Title actions.
- Eminent Domain proceedings.
- Partition actions.
- Claims to escheated property.
- Actions to declare a building uninhabitable.
A Lis Pendens may also be used in other types of real estate actions, depending on the facts and circumstances of such actions. Determining this can be difficult and requires the help of an experienced real estate attorney.
The procedures of a Lis Pendens are governed by the California Code of Civil Procedure Section 405. If a Lis Pendens has been wrongfully filed, the property owner can sue for damages and attorney’s fees. Thus, it is imperative to consult with a Los Angeles real estate attorney who knows California law regarding Lis Pendens and can advise you as to whether a Lis Pendens would be proper for your particular type of real estate matter.
In order to remove a Lis Pendens from a property, the property owner must file a motion to expunge the Lis Pendens. As part of this action, California law allows the property owner to recover legal fees as well.
We at Beverly Hills Law Corp., PC are uniquely qualified to help you in such matters. Our attorneys have real estate and Lis Pendens experience. Our lead attorney is also a licensed real estate broker. Contact us now for a free consultation regarding your California real estate matter.Back To All News