What is the Lis Pendens?

A Lis Pendens gives constructive notice of a pending lawsuit relating to real property or affecting the title or the right of possession of real property.

The notice is recorded in the County Recorders Office in which the property is located at the time the complaint or cross complaint if filed, or at any time thereafter. Once recorded the Lis Pendens imparts constructive notice not only of its contents (provided it meets statutory requirements) but also of facts concerning the action that could be discovered by reasonable inquiry.

A Lis Pendens creates a cloud on title which could render the property unmarketable. Said Lis Pendens remains as long as the action is pending, unless it is voluntarily withdrawn or expunged (wiped out - erased) by motion to the court. Caution should still be used even if the Lis Pendens is not removed since danger may still exist for a Title Company.

The grounds for expungement include the following:

1. Underlying action does not Affect the title to or the right to possession to the real property described in the notice, or
2. the lawsuit was not commenced, or is not being prosecuted for a proper purpose and in good faith.

The court may also order the expungement, even if they decide the real property claim is probably valid, if the court decides that adequate relief can be secured by posting a bond an amount sufficient to indemnify the claimant against all resulting damages from removing the Lis Pendens.

If a motion to expunge is granted, a certified copy of an order expunging the Lis Pendens may not be recorded, until the period of time of filiing a petition for review by the court of appeals, has expired.