Legal Question in Real Estate Law in California

I'm selling my home short sale, it's now scheduled to close any time, i requested an extension as there was a notice of pendency filed July 2007, claimant sued me for money in 2007 and still pending, i just read a question similar to mine and suggests lis pendens filed against me was improper, since i have limited financial means, can i file a motion to expunge myself or do i still need a lawyer to represent me?


Asked on 7/22/11, 10:28 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

"Limited financial means" is not a ground for expungement of a lis pendens. A lis pendens is merely a recorded and filed notice that the affected property is the subject of a lawsuit that affects title or possession of the property, and has nothing to do with the financial situation of the defendant(s).

However, after four years in particular, I'd say it is very likely some other ground exists upon which the lis pendens can be expunged. You didn;t say what the current status of the underlying lawsuit is, i.e., whether it is settled, won by default, withdrawn, or there is a lack of prosecution, or perhaps it is active and awaiting a very tardy trial. Lawsuits generally must come to trial within five years of filing, but the running of the time can be tolled by certain circumstances.

Yes, you can prepare and file a motion to expunge yourself, if you have the status of a self-represented party in the case, or an "interested" nonparty. Otherwise, it should be prepared, filed and served by the attorney of record.

Expungement in general is covered by the Code of Civil Procedure, sections 405.30 to 405.39 and 1005(a)(11).

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Answered on 7/23/11, 10:44 am


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