Lis Pendes

James McIntyre · Feb 9, 2010

How do I file a Lis Pendes (property lien)? Four days before escrow was to close I found out the the propery's drive way was on the neighbors land. The seller will not return my deposit even though I won a small claims case agianst him?

JETX · Feb 9, 2010

James McIntyre said:
How do I file a Lis Pendes (property lien)? Four days before escrow was to close I found out the the propery's drive way was on the neighbors land. The seller will not return my deposit even though I won a small claims case agianst him?

In order to file a lis pendens on a property, you must first file a lawsuit.

lis pendens
(lease pen-dense) n. Latin for "a suit pending," a written notice that a lawsuit has been filed which concerns the title to real property or some interest in that real property. The lis pendens (or notice of pending action) is filed with the clerk of the court, certified that it has been filed, and then recorded with the County Recorder. This gives notice to the defendant who owns real estate that there is a claim on the property, and the recording informs the general public (and particularly anyone interested in buying or financing the property) that there is this potential claim against it. The lis pendens must include a legal description of the real property, and the lawsuit must involve the property. Otherwise, if there is a petition to remove the lis pendens from real property not involved in the lawsuit, the plaintiff who originally recorded a false lis pendens will be subject to payment of attorney's fees as a penalty.

Lis Pendes

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James McIntyre

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