Parties often place what is called a lis pendens on property after the commencement of a lawsuit. Yet, even parties who are often well aware of the process of placing a lis pendens on property, have very little knowledge of the process of voluntarily removing the lis pendens at the conclusion of the lawsuit. This blog will briefly deal with that process.
A lis pendens is a recorded document that gives constructive notice to 3rd parties that there is a pending action affecting title or possession of real estate property. In California, parties may record a lis pendens in order to cloud the title of real property and prevent a third party buyer from claiming lack of knowledge of a pending dispute with regards to the property.
At any time after notice of the lis pendens has been recorded, the party who recorded the lis pendens may remove it by recording a Notice of Withdrawal in the recorder’s office where the lis pendens was originally recorded. (C.C.P. § 405.50.) Importantly, the actual party – not the parties’ attorney – recording the Notice of Withdrawal must acknowledge it before a notary. (C.C.P. § 405.50.) Upon recordation of the Notice of Withdrawal, the lis pendens no longer provides “constructive or actual notice” of the lawsuit. (C.C.P. § 405.60.)
As with any process involving the Los Angeles Recorder’s Office, a party must be careful to follow all steps for recording in order to avoid a rejection of the document. In this case, proper acknowledgement of the Notice of Withdrawal is crucial to properly recording it. As a firm that deals primarily with California real estate disputes, the attorneys at Schorr Law, APC have extensive experience dealing with lawsuits where a lis pendens has been recorded as well as working to remove the lis pendens at the conclusion of such lawsuits.
For more information or a free consultation, regarding your property dispute, please contact us at 310-954-1877 or firstname.lastname@example.org