Can I File a Lis Pendens to Halt Property Sales in CA?

Question from Shytry, Can I File a Lis Pendens to Halt Property Sales in CA?

Answer from AI:

If you believe that a sibling wrongfully used the eviction process to gain possession of a property you are an heir to and then sold it, you may have legal options to address this situation. In California, one potential remedy is filing a “lis pendens,” also known as a “notice of pendency of action,” which can be used to alert potential buyers or lenders that there is a legal dispute involving the property.

Understanding Lis Pendens

A lis pendens is a legal document that is filed with the county recorder’s office to provide public notice that there is a pending lawsuit involving the title or possession of real property. This notice can effectively halt further conveyances or sales of the property until the legal dispute is resolved.

When to File a Lis Pendens

You might consider filing a lis pendens if:

• You have initiated a lawsuit concerning the property, such as a claim for wrongful eviction or improper sale.
• The lawsuit directly affects the title or right to possession of the property.

Steps to File a Lis Pendens

1. Consult with a Legal Professional: Before filing, it’s crucial to consult with an attorney to ensure that your case justifies a lis pendens. Filing without a valid basis can lead to legal penalties.
2. Prepare the Lis Pendens Document: The document should include details of the lawsuit, the parties involved, and a description of the property.
3. File with the County Recorder: Submit the lis pendens to the county recorder’s office where the property is located. There may be a filing fee.
4. Serve Notice: Serve a copy of the lis pendens to all parties involved in the lawsuit, typically through your attorney.

Legal Considerations

Filing a lis pendens is a serious legal action and should not be taken lightly. In California, wrongful filing of a lis pendens can result in liability for damages and attorney’s fees. Therefore, it’s essential to have a legitimate legal claim affecting the property.

Relevant Laws and Resources

– California Code of Civil Procedure Section 405.20 governs the filing of a lis pendens.
– For more detailed information, you can refer to the [California Courts Self-Help Guide](https://www.courts.ca.gov/selfhelp.htm).

When to Seek Legal Advice

Given the complexity and potential consequences of filing a lis pendens, it is highly recommended to seek legal advice. An attorney can help you understand your rights as an heir, evaluate the validity of your claim, and guide you through the legal process. They can also assist in exploring other legal remedies, such as filing a lawsuit for partition or seeking damages for wrongful sale.

If you suspect any fraudulent activity or need to challenge the sale, consulting with a legal professional is crucial to protect your interests and ensure compliance with California law.