How Do I File a Lis Pendens in California?

Q: What is a lis pendens notice used for?

A lis pendens notice is used to inform the public that a legal action is pending regarding a property. It is primarily used in real estate disputes to protect the interests of the parties involved by preventing the transfer of the property until the lawsuit is resolved.

Q: Is a lis pendens action effective?

Yes, a lis pendens action is effective in providing notice of a legal claim against a property. It can prevent the property owner from selling or encumbering the property until the underlying legal issue is resolved. This helps protect the rights of the party who filed the notice.

Q: What is the purpose of a lis pendens notice?

The purpose of a lis pendens notice is to give public notice of a pending lawsuit that affects the title or interest in real property. This notice is crucial for protecting the rights of the parties involved and ensuring that any potential buyers or lenders are aware of the legal claims against the property.

Full question:

Using your Lis Pendens notice form #CA-5023-KL. I an suiting in Federal court (I have a case #). Where it ask for the defendants, I have 3 defendants. Do I put on all 3 names? Where it ask for 'acton affects'..do I put the Address? Where 'complaint' ask for, do I use the complaint use on the Federal court complaint (TILA etc.)

Category: Forms
Date: 04/07/2025
State: California

Answer:

When filing a lis pendens using this form, all of the defendants are named at the top in the caption. The area for action affects will contain a general description of the nature of the claim, such as title to property, rights under an easement, etc., but may also contain the street address of the property. The specific address of the property affected will be entered in the area below that indicates enetering a legal description.

A lis pendens is a written notice that a lawsuit has been filed involving the title to real property or some interest in that real property. Complaint will refer to the complaint this lis pendens is giving notice of.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the effect of a lis pendens on title?

A lis pendens serves as a public notice that a lawsuit has been filed concerning a property. It does not change ownership but can affect the ability to sell or refinance the property. Once recorded, it alerts potential buyers or lenders that there may be claims against the title, which could complicate transactions until the case is resolved.