what is lis pendens in real estate

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Notice of pendency of action

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  • What is a lis pendens under California real estate law?

  • What is a Lis Pendens (Notice of Pendency of Action) under California Real Estate Law? Formerly known as a ?lis pendens ,?a notice of pendency of action is a written document, recorded with the county recorder, that provides constructive notice of a pending court action (i.e. a lawsuit) that affects title to, or possession of, real property.

  • What is a lis pendens notice?

  • Lis pendens provides constructive notice, or a warning, to prospective homebuyers that the ownership of a property is in dispute and there is litigation pending.

  • Who can file a lis pendens?

  • Anyone who has an interest in the real estate or property can file a Lis Pendens. This includes a divorced couple arguing about who will come home or a home buyer who has legally purchased a home. You will file lis pendens if you believe you should be entitled to a part of a property.

  • When to use a lis pendens in a divorce case?

  • When a Lis Pendens Is Used. Lis pendens is often filed in divorce cases where the distribution of real estate properties has not been settled. It is particularly common in cases where a property is listed in the name of one spouse, and the other spouse seeks a portion of the asset.

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