Legal Question in Real Estate Law in California
Notice of Pendecy of action
can a property be sold with a notice of pendecy filed against it?
Asked on 7/31/07, 1:07 pm
3 Answers from Attorneys
Joel Selik
www.SelikLaw.com
Re: Notice of Pendecy of action
Yes. But the purchaser takes the property subject to the claims giving rise to the lis pendens.
Answered on 7/31/07, 1:18 pm
Benjamin Berger
Berger-Harrison, A Professional Corporation
Re: Notice of Pendecy of action
and a lender will probably not lend purchase money in that situation
Answered on 7/31/07, 1:19 pm
Carl Starrett
Law Offices of Carl H. Starrett II
Re: Notice of Pendecy of action
Yes, but the buyer would be bound by the results of the lawsuit and wouldn't even have to be named as a defendant. However, the cloud on the title would probably prevent the buyer from getting a loan to make the purchase. Another possibility is that the seller might need to greatly reduce the price because of the cloud.
Answered on 7/31/07, 1:32 pm
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