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How can I remove a lis pendens?

Pasadena, CA |

A lis pendens was recorded in chula vista court for a property that was being foreclosed on. The lawsuit against the banks was dismissed pursuant to a settlement and the settlement stated that the lis pendens has to be removed. How do I do that?

Attorney Answers 3

Posted

Assuming you are the one who recorded the lis pendens as part of your lawsuit againt the lender, you have to record a Notice of Withdrawal of Notice of Pending Action (See CIv Code 405.5) Below is a link to a sample form notice.

Richard A. Rodgers, Esq.
(805) 230-2525
200 N. Westlake Blvd. Ste 201
Westlake Village, CA 91362
rar@sd-attorneys.com
www.sdresq.com

As stated in the AVVO.COM Terms and Conditions of Use, this answer is not intended as legal advice, and no attorney-client relationship or privilige is created by this response.

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2 comments

Jorge A Pena

Jorge A Pena

Posted

Dear Sir. Your link does not work.

Richard Alan Rodgers

Richard Alan Rodgers

Posted

Trfy this: http://www.sdresq.com/pdf/Notice.Withdraw.Lis.Pendens.SAMPLE.pdf

Posted

I assume that you recorded the lis pendens and now you have to release it. Ask counsel for the party most interested in having it released to send you the form he wants you to sign and return it to him/her for recordation. If they will not do that then you will have to draft the release and record it yourself in the office of the county recorder where the lis pendens was recorded.

YOu should be able to find a form with some internet research.

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Posted

Recording a notarized Notice of Withdrawal of Notice of Pending Action will remove the lis pendens.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

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