Notice of pending action on a property is called as Lis Pendens. Lis pendens is related to the pending litigation, court actions of a property and it provides all the information related to the property to the buyers. Interested buyers of such properties should contact the recorder’s office to find out the details about such Lis pendens properties before purchasing. Lis pendens involves the real claims causing the action through a pleading which may affect the possession, use of such property causing the public utility etc.,
For California Lis pendens, party who asserts that property claim should be recorded by a notice of the alleged property must record in Office of the recorder related to the respective county of the property belongs to and all parties names should be recorded with description of the said property. Such notice will be signed by a judge of court or an attorney of record which will be valid notice for action. Such valid notice will be served by an acknowledgement post requested to all the adverse parties of the property and also to the owners of the recorded property. To record a notice, complaint should provide the land records, Quiet title action, title deed of the said property with the proof of tax payment, encumbrance certificate of record etc., which will be asked by the office of the recorder.
Anybody interested on such Lis pendens property can apply to the court excluding the parties recorded in that property brings the motion to erase such notice. The court will order for to the claimant to establish the necessary evidence with the validity of the property claim to erase the notice. If the claimant does not establish the valid evidence, the court will not order to undertaking the property claim. Also, if the court feels that the claimant is unjust to the costs involved by the attorney, claimant will be awarded by attorney fees and any other costs if any. Normally property litigation matters attorney fees will charge hourly basis and one time initial filing fees should be paid and at later stages, Motion fees, service fees and few more incidental expenses needs to be paid.
After the issue of Lis pendens, at any point of time such notice can be withdrawn by the party who has executed the pendency notice from the office of the recorder by the interest of the successor. This withdrawal notice should be acknowledged else will not be valid.
In overall, Lis pendens properties should be handled very carefully and the buyers of such properties are also should obtain the necessary precautions and then to proceed further.