Legal Question in Real Estate Law in California

Wwhat is the name of the deed or form used to put a "cloud on a title?


Asked on 10/06/09, 3:51 am

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

You're probably thinking of a "lis pendens." This may only be done if a lawsuit is brought directly involving the real property. One must take extreme care in filing and recording a lis pendens, because if improperly used, it might constitute slander of title, and could subject the recording party to further litigation and damages.

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Answered on 10/06/09, 4:00 am

Plain English for what Mr. Cohen said: IF you have a lawsuit already on file claiming an interest in the property that is opposed by the person who has title according to the county records, or you are making some other claim that could change the legal ownership of the property, you can record a document in the county records called a Lis Pendens. It tells anyone who looks up ownership of the property, like a buyer's title company, that there are claims against the property in a law suit going on. IF you don't have a law suit on file, or if you don't follow all the other rules about using a Lis Pendens, the owner could sue you.

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Answered on 10/06/09, 10:55 am


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