Lis Pendens: A Judicial Perspective

Judge David I. Brown from Sacramento Superior Court, Department 53, will discuss Lis Pendens, a notice of pendency of action in which a real property claim is alleged. [Code Civ. Proc. §405.2] It notifies purchasers of real property of any pending court actions affecting title to or possession of real property and enables those parties to find notice of pending litigation in the recorder’s office in which the real property is located.

A notice of pendency of action gives constructive notice of the facts on the face of the pleadings in the action. It also allows for facts concerning the pending court action if proper examination was not applied.

Judge Brown will cover (1) Recording requirements for a notice of pendency of action, which must be signed by the attorney of record; signed by a party acting in propria persona and approved by a judge; or the action is one of eminent domain and subject to Code Civ. Proc. §405.6. [Code Civ. Proc. §405.21] (2) Undertaking which is the condition of maintaining the notice in the recorded title, (3) Expunging a Lis Pendens, and (4) Fees and costs of an expungement.

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SKU: 7fd4db88d31a

MCLE Credit

1 hour

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