California Lis Pendens and Lis Pendens Expungements: Legal Services Overview
In California, a lis pendens (Latin for “pending lawsuit”) is a legal notice filed in connection with real estate litigation. It serves to notify potential buyers, lenders, and the public that a legal dispute involving ownership or a claim to real property is ongoing. Because of its significant impact on the marketability of property, a lis pendens can complicate or prevent the sale, financing, or transfer of the affected property.
If you are involved in a real estate lawsuit, either as the filer or the party being affected by a lis pendens, it’s important to understand the legal implications and your options for filing or removing it. Our experienced real estate attorneys specialize in both filing lis pendens and seeking expungement (removal) when unjustly applied.
What is a Lis Pendens in California?
A lis pendens is a legal notice filed in the county recorder’s office that alerts anyone interested in the property that it is the subject of pending litigation. The filing of a lis pendens can cloud the title, effectively preventing the property from being sold or refinanced until the dispute is resolved.
1. Purpose of a Lis Pendens
A lis pendens is a powerful tool in California real estate law used to protect a party’s claim to a property. It serves two main purposes:
- Notice of Litigation: The notice informs any potential buyers or lenders that the property is involved in a lawsuit that may affect ownership or title rights.
- Securing Claims: The lis pendens effectively “locks down” the property, making it difficult or impossible for the owner to sell, transfer, or refinance until the dispute is resolved, thus preserving the plaintiff’s potential interest in the property.
2. When Can a Lis Pendens Be Filed?
In California, a lis pendens can only be filed in connection with litigation that directly affects title to or possession of real property. Common situations include:
- Disputes over property ownership
- Boundary disputes or adverse possession claims
- Partition actions (lawsuits to divide property among owners)
- Breach of contract in real estate transactions
- Foreclosure or quiet title actions
A lis pendens must be directly related to the property’s title or rights, and cannot be used for cases involving purely financial disputes or unrelated claims.
The Impact of a Lis Pendens
The filing of a lis pendens has significant consequences, particularly for property owners. Once recorded, a lis pendens:
- Clouds the Title
Title companies typically will not insure the title for a property with a lis pendens, which means buyers and lenders are unlikely to proceed with any transaction. - Prevents Sale or Transfer
Most buyers and banks will refuse to deal with a property under a lis pendens, effectively freezing any real estate deals until the matter is resolved. - Depresses Property Value
The presence of a legal dispute tied to the property may cause its market value to decrease, even if the lawsuit is eventually resolved in favor of the owner.
For these reasons, it is essential to either protect the filing of a lis pendens when asserting a legitimate claim or seek expungement if the filing is improper or being used for abusive purposes.
Lis Pendens Expungement: Removing Unjustified Claims
If a lis pendens has been filed against your property and is preventing you from selling, refinancing, or transferring ownership, you may have the option to expunge (remove) it through a court process. California law provides protections against frivolous or improper lis pendens filings, and our attorneys can help you remove an unjustified lis pendens quickly and effectively.
1. Grounds for Expungement
There are several grounds for seeking an expungement of a lis pendens in California:
- No Real Property Claim: The lawsuit underlying the lis pendens does not directly involve ownership, possession, or title to real property.
- Insufficient Evidence: The party filing the lis pendens cannot provide sufficient evidence to support the validity of their claim.
- Abuse of Process: The lis pendens is being used maliciously to harass or coerce the property owner, rather than to protect a legitimate legal claim.
2. The Expungement Process
Expunging a lis pendens is a court process that requires a motion to be filed in the appropriate court. Our attorneys handle every step of the expungement process:
- Filing the Motion to Expunge
We prepare and file a motion to expunge the lis pendens, arguing that it was improperly filed or that the claim it supports is not legally valid. - Court Hearing
After the motion is filed, a hearing will be scheduled where both parties can present arguments. We represent property owners in court, presenting evidence to demonstrate that the lis pendens is unjustified. - Court Order for Expungement
If the court agrees that the lis pendens was wrongfully filed, it will issue an order for expungement, removing the lis pendens from the public record and allowing the property to be sold or transferred. - Recovery of Legal Costs
In some cases, if the lis pendens was filed without substantial justification, the court may order the filing party to pay the property owner’s legal fees and costs associated with the expungement.
3. Defending Against Expungement
If you have filed a legitimate lis pendens and the opposing party seeks to have it expunged, we can defend your claim by:
- Presenting Evidence of a Valid Claim
We gather and present the necessary evidence to support the lis pendens, showing the court that your lawsuit has a direct impact on the ownership or title of the property. - Preserving Your Rights to the Property
By successfully defending the lis pendens, we help ensure that your claim to the property is protected while the litigation is pending.
Why Choose Us?
- Experienced Real Estate Litigation Attorneys
Our attorneys have deep experience in real estate litigation, including lis pendens filings and expungements. We provide strategic legal advice to protect your property interests and resolve disputes efficiently. - Comprehensive Legal Representation
Whether you are filing a lis pendens to secure your claim or seeking expungement of an unjustified filing, we provide comprehensive representation at every stage of the process. - Aggressive Litigation & Defense
We aggressively represent property owners and litigants in court, ensuring that your legal rights are protected and that frivolous or improper lis pendens filings are quickly removed.
FAQs About Lis Pendens in California
Q: Can a lis pendens be filed for any lawsuit?
A: No. A lis pendens can only be filed in connection with a lawsuit that directly affects ownership, possession, or title to real property. It cannot be used in cases involving purely financial disputes or unrelated matters.
Q: How long does it take to expunge a lis pendens?
A: The expungement process can take several weeks or months, depending on court schedules and the complexity of the case. However, once the court issues an order for expungement, the lis pendens will be removed from the public record.
Q: What happens if a lis pendens is wrongfully filed?
A: If a lis pendens is wrongfully filed, the party who filed it may be ordered to pay the property owner’s legal costs and damages related to the improper filing.
Q: Can I sell my property with a lis pendens filed against it?
A: It is very difficult to sell or refinance a property with a lis pendens because it clouds the title. Most buyers and lenders will require the lis pendens to be resolved or expunged before proceeding with any transaction.
Contact Us for Lis Pendens Legal Assistance
Whether you need to file a lis pendens to protect your real estate claim or expunge an unjustified lis pendens from your property, our experienced real estate attorneys are here to help. Contact us today for a free consultation and learn more about how we can assist with your case.
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Ensure your property rights are protected and legal disputes are resolved quickly—get expert legal support for lis pendens and expungement matters today.