Pros and Cons of Filing a Lis Pendens

If you want to put later buyers on notice of a legal claim involving real property, you can record a lis pendens (also known as a notice of pendency of action) with the recorder in each county where the property is located. CCP §§405-405.61. Recording a lis pendens, however, isn’t without its own set of risks.  Here are a few pros and cons of recording a lis pendens to consider: Pros Cons 1.       Notice to Subsequent Purchasers: A recorded lis pendens places all potential purchasers on notice of the plaintiff’s claims, precluding them from asserting a future bona fide purchaser defense. CCP §405.24; CC §1107. See Kendall-Brief Co. v Superior Court (1976) 60 CA3d 462 (involving claims and counterclaims of easement, trespass, nuisance, quiet title, and violation of covenants). 2.       Seniority: A judgment favorable to a party who recorded a lis pendens relates back…

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