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No Basis Lis Pendens Removal - California


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#1 PBIDirector

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Posted 20 February 2013 - 12:37 PM

Can anyone point me in the right direction to find the proper information regarding removing lis pendens from county records in California? We have a disgruntled Broker who wants to make our life miserable by filing lis pendens on a number of our properties. He has no basis for suit, but wants to make a mess for us.

#2 adjusterjack

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Posted 20 February 2013 - 02:04 PM

Can anyone point me in the right direction to find the proper information regarding removing lis pendens from county records in California? We have a disgruntled Broker who wants to make our life miserable by filing lis pendens on a number of our properties. He has no basis for suit, but wants to make a mess for us.


Has the broker already filed a lawsuit against you?

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.


#3 Guest_FindLaw_Amir_*

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Posted 20 February 2013 - 02:24 PM

Recording a notarized Notice of Withdrawal of Notice of Pending Action may remove the lis pendens. For further clarification on your specific situation, I suggest you consult with a local California Real Estate Lawyer. Many lawyers do offer a free consultation.

#4 PBIDirector

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Posted 20 February 2013 - 02:30 PM

Hello and Thank you for responding. No lawsuits have been filed that we are aware of. He is threatening to simply record lis pendens with the county recorder. What I am looking for is any information regarding the improper filing of lis pendens, and the consequences involved should we be forced to have any filings expunged.

#5 adjusterjack

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Posted 20 February 2013 - 06:30 PM

Hello and Thank you for responding. No lawsuits have been filed that we are aware of. He is threatening to simply record lis pendens with the county recorder.


Wait.

He's just threatening?

He hasn't filed any yet?

Why are you even talking to him? It's the talking that gets you trouble. Stop talking to him. Learn how to say no comment and hang up. Then let your answering machine screen your calls.

What I am looking for is any information regarding the improper filing of lis pendens, and the consequences involved should we be forced to have any filings expunged.


The improper filing of a lis pendens is the intentional tort of "slander of title" which is the publishing of a false statement about real estate which harms the property's value or salability.

You can sue him if he files a baseless lis pendens.

One of the requirements to justify your lawsuit against him is that there be direct pecuniary loss which means that, ordinarily, you would have to wait until you suffered actual monetary damages (in the sale or refinancing) before you could sue.

However, a 2012 CA Court of Appeals decision changed that. The court addressed the question of "whether a slander of title cause of action may be maintained if the only pecuniary damages proven by plaintiffs are the attorney fees incurred to clear the slandered title" and ruled "We conclude that such damages are sufficient, without the need to prove other pecuniary harm, at least where (as here) the slander of title was by means of a recorded instrument."

In other words, you can sue his butt off as soon as he files a baseless lis pendens and he ends up paying your lawyer's fees.

Here's a brief article explaining the case:

http://www.jdsupra.c...attorney-08245/

And here's the full decision:

http://scholar.googl...l=en&as_sdt=2,3

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.


#6 kassounilaw.com

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Posted 28 February 2013 - 08:56 AM

If there is a lis pendens recorded and served on you, that means you will have an opportunity in court to file a motion to expunge the lis pendens. This is an expedited hearing that can include testimony and other evidence. If you win, you will be able to recover your attorney fees.
Hopefully the broker will not pursue legal remedies. But if he or she does, you will have an opportunity to remedy the situation quickly.

Edited by FindLaw_AHK, 04 March 2013 - 10:16 AM.
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