For individuals and entities seeking to clear a property title in California, filing a motion to expunge lis pendens is a critical procedural step. Judges look for evidence that the underlying action is terminated, or that the lis pendens was recorded in bad faith or without probable cause.
Serving the Opponent and Securing the Expungement Order
Once filed, the opposing party is served and given the opportunity to respond. Obtain Order Receive the judicial order mandating removal.
Grounds for Filing a Motion to Expunge Before initiating the expungement process, the moving party must establish legitimate legal grounds recognized by the California courts. While essential for protecting a plaintiff's interest, the continued recording of a lis pendens after the underlying legal basis has been resolved can severely hinder the owner's ability to sell, refinance, or transfer the property.
Serving the Opponent and Securing the Expungement Order
Understanding Lis Pendens and Its Impact on Property Rights A lis pendens is a formal notice recorded with the county recorder to alert potential buyers or creditors that a lawsuit involving the title or possession of a specific piece of real estate is pending. The statute requires that the party seeking expungement demonstrate that they have been injured by the notice and that the legal impediments to removing it have been satisfied.
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