What does a notice of lis pendens mean in California?
The same day complaint was filed, Plaintiff recorded a lis pendens but failed to also record a proof of service of lis pendens. In California, a notice of lis pendens gives constructive notice that an action has been filed affecting title or right to possession of the real property described in the notice.
What is the effect of a lis Penden?
Because lis pendens are typically recorded in the real property records, the effect of lis pendens is that it puts others on notice that there is a dispute concerning the real property. Anyone who purchases or takes an interest in the property after the lis pendens is of record takes their interest subject to the lis pendens.
Why is there no proof of service on a lis Penden?
(CCP § 405.23.) First, no proof of service was recorded with the lis pendens. Second, noncompliance with section 405.22 occurred because, once petitioner became a party to the action, service “in the same manner” as section 405.22 prescribes when a lis pendens is first recorded was not “made immediately” on petitioner.
When to record a lis Penden in CCP?
If an action asserts a “real property claim,” any party to the action may record a lis pendens. (CCP § 405.20.)
What happens when you file a lis Penden?
A lis pendens is regularly referred to as a “cloud on title” and will stop the homeowner from selling or attaining refinancing on their property until the lis pendens is removed. In addition to providing notice to the public, one of the other outcomes of filing the lis pendens is that it puts pressure on the debtor to pay off their debt.
When to discharge a recorded notice of lis pendens?
When a pending pleading does not show that an action is “founded on a duly recorded instrument,” a court may control and discharge the recorded notice of lis pendens. Fla. Stat. § 48.23 (3).
When do you need a lis pendens bond in Florida?
Fla. Stat. § 48.23 (3). If the lis pendens is founded on a duly recorded instrument, the filing party has the absolute right to record a lis pendens and no lis pendens bond will be required.
Can a credit card company file a lis pendens in Florida?
One usually finds there is not a nexus or connection between the lawsuit and a lis pendens where an “unsecured” creditor (i.e. a credit card debt collection company) commences a lawsuit against a Florida homeowner and records a lis pendens in the public records.