Q: I just found out that an attorney put a les pendes on my house. I was not informed. Is that legal? If not what can i do
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- California
- (916) 704-3009
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- Answered
A:
In California, an attorney can record a lis pendens (pending lawsuit) against a property without the owner's consent if there is a pending lawsuit that affects the title or right to possession of the real property. However, the attorney must meet certain legal requirements:
1. There must be a lawsuit pending in court that directly affects the property's title or right to possession.
2. The lis pendens must be properly filed with the county recorder's office where the property is located.
3. The property owner must be named as a party to the lawsuit.
4. The attorney must serve the property owner with a copy of the lis pendens and the lawsuit within 60 days of recording the lis pendens.
If these requirements are not met, the lis pendens may be invalid, and you may have grounds to file a motion to expunge (remove) the lis pendens.
If you believe the lis pendens was improperly filed or you were not informed about the underlying lawsuit, you should:
1. Contact the attorney who filed the lis pendens and request more information about the lawsuit and the basis for the lis pendens.
2. Consult with a real estate attorney to review the situation and advise you on your options. They can help determine if the lis pendens is valid and if you have grounds to challenge it.
3. If the lis pendens is invalid, your attorney can file a motion to expunge the lis pendens and seek attorney's fees and damages from the party who improperly recorded it.
4. If the lis pendens is valid, your attorney can advise you on how to respond to the underlying lawsuit and protect your rights in the property.
It's important to act promptly, as a lis pendens can cloud your title and make it difficult to sell or refinance your property until the underlying lawsuit is resolved. Consulting with a qualified real estate attorney is the best way to assess your situation and explore your legal options.
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