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June 12, 2009
lis pendence qustion
In our family,we recently lost a home, It is a very complicated foreclosure, and was not done correctly according to the California Laws. We have filed a complaint, and we are sue the several lenders involved and also have recorded a lis pendence on the property. The property is now up for sale, We now have an attorney involved, and the property is for sale. What happens now to the future buyers who want to buy this? This is a family home that has been in our family for 60 years. Will the lis pendence attached with the complaint help out with keeping this from selling?
Comments
Ask this question Show Me The Note.
Posted by: Ysabelle at June 13, 2009 9:49 AM
You have to ask the lender show me the note
Posted by: Ysabelle at June 13, 2009 9:50 AM
Afraid I don't know. But shouldn't your lawyer know? I hope you got a real estate lawyer who specializes in foreclosures.
Posted by: mopar at June 13, 2009 11:54 AM
my prayers are with you.
Posted by: meme at June 13, 2009 11:49 PM
Lis pendens is notice of impending legal action; it is not litigation itself. The existence of a lis pendens will cloud the title, and most likely subject a purchaser to any judgment that may come from litigation (if litigation ever takes place). I don't believe you can rely on it as an absolute guarantee against the property being sold. There are many details and nuances missing from your post, rightfully so. You and your attorney should be working together closely. Make certain that you have fully and clearly communicated your concerns and desired outcomes to your attorney, and that you are both working toward the same goal.
Posted by: vinca at June 14, 2009 9:42 AM
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