Release of lis pendens form 2025

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California Code of Civil Procedure section 405.30 allows a property owner to remove a lis pendens by bringing a motion to expunge. There are several bases for a motion to expunge, including: (1) the lack of a real property claim, (2) the claimants failure to establish a probable validity of their claim, or (3) the
A lis pendens is resolved either through expungement, meaning that the filing of the lis pendens was invalid or inappropriately filed, or through the resolution of the lawsuit. In either case, a signed release of lis pendens would be recorded with the county recorders office.
What Does Discharge of Lis Pendens Mean? If you receive a discharge of lis pendens, it means your property no longer has a claim or lawsuit against it.
A lis pendens may be removed through a motion to expunge. A motion to expunge may be granted if the underlying lawsuit or other court action does not contain a real property claim that has probable validity. The motion will be granted it if is more likely than not that the underlying lawsuit or claim will fail.
On the other hand, the party who filed the lis pendens can choose to voluntarily discharge it. This could be due to a resolution of the dispute or a decision to no longer assert their claim on the property. The voluntary discharge process involves: Filing a Notice of Voluntary Dismissal and Release
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A Release of Lis Pendens is a counterclaim wherein it provides recourse for defendants pursuing to sell a property. The Release of Lis Pendens Surety Bond ensures to cover the cost of the Lis Pendens to release the property back to the defendant.

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