Can I place a lis pendens on a property that..
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I place a lis pendens on a property that..
is being handled by an executor of the estate? Owner died, there are several health and safety, civil violations and an American Disability Act issue thus the inquiry. Not sure if the status of the estate-under executors control-changes the lis pendens filing. Thanks in advance for your help.
Asked on May 19, 2009 under Estate Planning, California
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
I would strongly recommend that you talk to an attorney before doing this. One place that you can look for the lawyer you need, to give you reliable advice, is our website, http://attorneypages.com
A lis pendens ordinarily is proper only when you are asserting a claim that affects the title to the land; it is a "cloud on the title," which in simple language means that while the lis pendens is in place, it is usually impossible to sell the property, and any sale that does take place is subject to the claim. If you use a lis pendens improperly, you can be sued -- for example, if your lis pendens kills a deal, and as a result the owner can only sell the property for (say) $50,000 less than they would have gotten otherwise, you could be liable for that difference.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.