Legal Question in Real Estate Law in California

Re: Demand and Withdrawal of lis pendens

A Lis Pendens is a document recorded at the county recorders office advising the world that litigation is pending that will impact upon real property, either affecting title or claiming a security interest in real property. The demand for withdrawal is just what it sounds like. In appropriate cases a lis pendens is proper. In other cases its not. If its not and the withdrawal is not recorded after demand, it puts the party recording the lis pendens at risk financially if the person affected has to seek a court order.

Re: Demand and Withdrawal of lis pendens

A Lis Pendens means �pending litigation� and will sometimes be called a Notice of Pending Action. It is usually filed to cloud title to property when there is a lawsuit pending that impacts the title to the property like a mechanic's lien foreclosure. If someone takes title to the property while the Lis Pendens is on file, they are bound by the outcome of the lawsuit even if they aren't a defendant.

When the lawsuit is over or has been settled, you typically file a withdrawal to remove the cloud on the title. A demand for removal is simply a request to remove the Lis Pendens.