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What is a Lis Pendens hearing?


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#1 MoolahLover

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Posted 18 December 2012 - 01:35 PM

This is in California. How could a Lis Pendens hearing help me? What court would I file this in? Civil court or probate court? Any links or referalls for me to go look at? Thank you.

#2 Guest_FindLaw_Amir_*

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Posted 18 December 2012 - 01:49 PM

You may want to read the LawBrain: Lis Pendens artilce and the California CODE OF CIVIL PROCEDURE SECTION 872.210-872.250 as a good resource.

#3 MoolahLover

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Posted 18 December 2012 - 03:18 PM

ok. Danke Schoen (thx)

#4 pg1067

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Posted 18 December 2012 - 03:47 PM

How could a Lis Pendens hearing help me?


You're going to need to explain what you mean by "lis pendens hearing." As for how such a thing might help you, I'm not sure how you could possibly expect us to know since you've given use absolutely no information whatsoever regarding your particular situation.


What court would I file this in?


How exactly would one "file" a hearing? You can file a motion, but you can't file a hearing.

#5 MoolahLover

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Posted 18 December 2012 - 06:16 PM

Sorry. But from what I read on the two links you provided, I don't think that is the way I would need to go. It would be too late, because the property already got sold. This in regards to a property I was supposed to inherit and which was left to me by a will. I never saw the will until after a family member tricked me and acted like he was helping me out, but he just got my to sign him joint tenancy to the house. He sounded so honest by trying to help me and split everything 50/50. Well, the house had got sold. I'm trying to contest the original deed that he got me to sign (the one that gave joint tenancy) and want to "void" it out.

Not to try and get the house back from the person who bought it, but get credit for the money that the other person received when the house was sold. I don't think the lis pendens "motion" would help me here. Maybe "quiet title"? But I don't know what that is either. What would you suggest? Or a complaint for declaratory relief? I don't know what to do.

#6 adjusterjack

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Posted 18 December 2012 - 09:18 PM

Sorry. But from what I read on the two links you provided, I don't think that is the way I would need to go. It would be too late, because the property already got sold. This in regards to a property I was supposed to inherit and which was left to me by a will. I never saw the will until after a family member tricked me and acted like he was helping me out, but he just got my to sign him joint tenancy to the house. He sounded so honest by trying to help me and split everything 50/50. Well, the house had got sold. I'm trying to contest the original deed that he got me to sign (the one that gave joint tenancy) and want to "void" it out.

Not to try and get the house back from the person who bought it, but get credit for the money that the other person received when the house was sold. I don't think the lis pendens "motion" would help me here. Maybe "quiet title"? But I don't know what that is either. What would you suggest? Or a complaint for declaratory relief? I don't know what to do.


What you would do is simple in concept but complicated in execution.

You sue the person for the money that's rightfully yours and prove that you were defrauded into signing the deed.

You don't have to seek to void the deed.

Trouble is, suing is the easy part. Proving is the hard part.

And this is not a do it yourself project. You'd best hire yourself a good real estate attorney. Just understand that an attorney isn't likely to take something like this on a contingency so you'd need to come up with enough cash to pursue the lawsuit.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#7 pg1067

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Posted 19 December 2012 - 07:09 AM

If you want suggestions about what you might do, you need to explain the factual situation clearly. Otherwise, we're left to guess about what has led you to this point.




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