Q: Ex Parte for Lis Pendens
Does the Superior Court of California, Central District, allow for an pro se ex parte hearing regarding approval of a Lis Pendens that needs an emergency recording due to an upcoming foreclosure Trustee sale?
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A:
Based on San Bernardino County Superior Court rules, yes, you can file an ex parte application for recording a lis pendens as a self-represented litigant, especially when facing an urgent foreclosure situation. The court recognizes the time-sensitive nature of pending trustee sales.
You'll need to follow the standard ex parte notice requirements, which typically mean notifying all interested parties by 10:00 AM the court day before your hearing. Your application should clearly explain the emergency circumstances and why regular notice timing would cause irreparable harm given the upcoming foreclosure sale.
Make sure to prepare your lis pendens documents properly, including the real property description and underlying claim affecting title. The court staff at the San Bernardino Justice Center can provide you with the required forms, though they cannot give legal advice. While representing yourself is allowed, given the complexity of real estate and foreclosure matters, you might want to consider consulting with an attorney, even briefly, to review your documents before filing.
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