Property disputes can be particularly complex in California, where legal claims on real estate often involve a lis pendens. This legal notice is crucial to protect your interest and inform others of a pending lawsuit affecting the property. But what exactly does lis pendens in California mean, when is it used, and how does it impact property owners?
At Shapero Law Firm, we understand the importance of safeguarding your property rights. Whether you are a homeowner or an investor in California, knowing how a lis pendens works is essential. In this guide, we’ll explain its legal applications, the filing process, and what it means if your property is subject to one.
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In Latin, the term lis pendens means pending litigation; it is a legal notice recorded for the public disclosure that a lawsuit is ongoing and claims a specific property. Such an action is called a “notice of pendency of action” under California Code of Civil Procedure § 405.2.
It does not make it impossible to sell or transfer real estate property attached to it; it informs potential buyers and lenders that the property is still open to unresolved claims. The Lis Pendens in California anticipates that should the claimant win their litigation of record, transferring the subject property would not hinder their ability to pursue a judgment collection.
Lis pendens typically applies to real estate disputes when claimants allege a legal right to the property. Below are everyday situations where lis pendens might be filed:
Lis pendens is frequently used in real estate litigation. For example:
A lis pendens may be filed during a divorce when spouses dispute the ownership or division of marital property. This prevents the property from being sold or refinanced until legal proceedings are resolved.
In foreclosure-related disputes, homeowners may file a lis pendens to contest wrongful foreclosure or lender misconduct. This can delay or stop foreclosure proceedings while legal claims are being addressed.
A lis pendens can also apply in less common legal disputes involving real property claims, such as environmental lawsuits, eminent domain cases, or construction lien disputes.
Filing a lis pendens in California involves several legal steps. Proper compliance is essential to avoid challenges or removal of the filing.
Under California Code of Civil Procedure § 405.21, a lis pendens can only be filed by someone asserting an accurate property claim. The notice must include:
After filing, the lis pendens must be recorded in the county where the property is located. This ensures that potential buyers, lenders, or other third parties are aware of the pending litigation.
If you’re involved in property litigation, filing a lis pendens can protect your claim. However, it’s a process that requires careful legal compliance. Consulting with experienced attorneys like those at Shapero Law Firm can help ensure all filing requirements are met and your legal interests are preserved.
Acting quickly is vital if your property is under a lis pendens in California. While it doesn’t mean losing your property, it can complicate transactions and limit financing. A lis pendens indicates ongoing legal action, so seeking legal advice right away can help you understand the risks and protect your interests.
Yes. California law allows the removal of a lis pendens through a motion to expunge, negotiation and settlement, or court dismissal of the lawsuit. Legal assistance is often needed to navigate this process and clear your property title.
Legal support is essential, whether asserting a property claim or dealing with lis pendens in California on your property.
Shapero Law Firm focuses on real estate litigation and foreclosure defense. With more than thirty years of experience in California law, we will assist you in protecting your assets and resolving disputes efficiently.
For a consultation, call 213-394-6031 or visit us at 633 West 5th St, 28th Floor, Los Angeles, CA.
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With over a decade of litigation experience, Attorney Sarah Shapero, founder of Shapero Law Firm, has secured seven-figure jury trial wins and saved countless homes from foreclosure. A Super Lawyer and Lawyer of Distinction, she brings expertise in foreclosure, employment, and bankruptcy law, practicing in California and federal courts.
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Sarah Shapero who has more than 10 years of legal experience as a real estate attorney.
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