October 31st, 2022 in
What Is Lis Pendens in CA? Lis Pendens is a term that means “pending lawsuit” and one that is sometimes used in litigation related to real estate property. It often relates to the title or an interest in real estate. In legal situations where Lis Pendens is a factor, it may be necessary for the owner to remove it if they plan to resolve the matter. For example, the Lis Pendens must be removed, or selling, financing, or even obtaining any title insurance for the property will be difficult to do. This must be done legally.
The lis pendens, which is also known as Notice of Pendency of Action in California, makes it necessary for anyone purchasing the property to realize that there is a pending lawsuit on that property. The lawsuit may determine the ownership of the property, which can impact virtually any situation in which that real estate is a part of an estate or will.
If you are an administrator of a will or you are going through probate, this legal situation may occur. If it does, having a highly qualified attorney available to help you through it is critical. Allow our team at Steburg Law Firm to provide you with guidance on your legal rights and what types of legal strategies can be developed to minimize these risks.
Lis Pendens is a powerful legal tool and is often used to resolve some of the most challenging legal disputes over possession of real property or title to it. Having a highly qualified attorney available to help you through this process is critical.
What is the Purpose of Lis Pendens?
Lis Pendens simply means there is a lawsuit pending. Yet, it is a legal action that has far reaching complications when a property is sold. In short, it means that any interest in real estate or other types of real property acquired while the case is pending relating to that property is subject to the outcome of that pending legal suit. In short, it informs someone interested in the property, such as to buy it, that there is a lawsuit pending on that property, and as such, most interested parties will not continue to seek out the purchase of that real estate. In effect, if a third party acquires an interest in the real estate while the lawsuit is pending, whether or not they receive that property depends on what occurs in the lawsuit.
Considering this, it may also be important to understand a release of lis pendens. A release of the lis pendens is a critical step in the ability for property to move on, such as to be sold to the third party. The formal process of having this release completed takes time and must be done if the original lawsuit is settled.
In some situations, creditors may use this legal action to ensure that what is owed to them is paid prior to the sale of the property. Lis pendens can be settled during the sale of the property, or it can be done after. It can last for months or years, depending on a wide range of legal situations.
One of the most common times it is used is when there is a dispute over inherited property during the probate process. If you do not agree with the decisions being made, you may file a lis pendens to contest the will. This may also be necessary if you do not agree with the distribution of the property. In this situation, anyone purchasing that property is alerted that their ownership or claim to it depends on the outcome of the lawsuit. If a family member, for example, were to sell the inherited property, the third party buyer would receive notice of the lis pendens, alerting them that you may still gain ownership of it.
How the Steburg Law Firm, LLC Can Help
Steburg Law Firm has an excellent history of helping our clients with lis pendens matters. If you wish to file this type of legal action or you are facing lis pendens on the estate of a loved one, we highly recommend hiring a very well qualified attorney who has experience in this area of California estate law. This is a very powerful tool that can influence the outcome of any legal situation. Contact our legal team today for a consultation to discuss your specific needs. Do so as soon as possible to protect your rights throughout this legal process as well.