Vacation of Dismissal; Its effect on liens prior to dismissal

[calculator1998]

What is the name of your state? California

What is the effect of motions or liens in particular a lis pendens that were in place prior to the initial dismissal.

Court vacated my dismissal but wants me to run through hoops to re-file.

The question would be what effect does the vacation have on prior issues.

 

[seniorjudge]

It depends on how the vacation of dismissal was worded.

If some other liens slipped in there after the dismissal, they are probably superior to the one contemplated if the case is re-filed.

But, you really haven't given enough info. I am just guessing.

 

[calculator1998]

I had a Lis Pendens on a house. We settled I withdrew the Lis Pendens and we dimissed our lawsuits.

I got the Court to vacate my dismissal (words of the Court); I refiled the Lis Pendens. Other party moved to expunged and was granted since I was in Pro Per and didn't get prior court approval.

My argument was since the vacation was granted it acted like an annulment; therefore things that were in place before must go back in place.

 

[seniorjudge]

"...We settled I withdrew the Lis Pendens and we dimissed our lawsuits...."
Then, if the lawsuit has been settled and you released the lis pendens, there is no more lien on the real estate.