Legal Question in Real Estate Law in California
I need to file a lis pending on our home that was illegally foreclosed on which the "buyers/investors" who were in with the bank who did the major, in writing and recorded FRAUD, are reselling the home which is in escrow within days. We have all the documentation that the bank who had no right to our property, Default company, investor/attorney/lender to himself/buyer, title company are all involved. They made the biggest mistakes ever committing fraud on a Real Estate agent home who has access to the recorded Fraudulent documents that they made to get us out of our home. Please help this has consumed my entire life for 2 years just to figure out how and what they did to us. Now I know how people are really getting their homes taken away from them. By the way I have a full reconveyence on the property. Also the lender who previously had a loan on property closed doors did not sell or assign our loan or title to anyone. They didn't transfer interest or any of the other possible scenarios that could have happened legally.
2 Answers from Attorneys
Step One is to reason through, compose, write and file a lawsuit (summons and complaint). Then and only then is a "lis pendens" prepared, recorded with the county recorder. and filed with the court. You'll also need proper service of process on all parties -- and that means everyone with a claim on the property -- owners of record, claimants, lenders (whether fraudsters or honest) and possibly tenants.
Oh, and if you are self-represented, you'll need to have your draft lis pendens approved by a judge. See Code of Civil Procedure section 405.21. Also note that modern California statutes refer to a lis pendens (not "lis pending") as a "notice of pendency of action" but most lawyers and judges still use the old legal-Latin term.
Have you discussed your possible lawsuit with a real-estate lawyer? I think you should do so as promptly as possible, in order to avoid a possible statute of limitations defense. You may need to file suit within three years to preserve your rights.
A lis pendens is the Latin word (which California courts eschew) for a notice of pendency of action. It is only issued in a case that involves a dispute over real title to property. If you represent yourself, you are not entitled to issue and record a notice of pendency of action. Instead, you would have to have the judge in the case issue one.
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