how do I file a lis pendens

Lis pendens are normally reserved for disputes about that particular piece of real estate, not some other broader dispute. Is your dispute focused on the property to which the lis pendens will apply?

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Attorneys are limited to offering specific legal advice in states where they are licensed. Online responses offered here are ADVISORY OPINIONS only and should NOT be considered specific legal advice! Consult a local attorney for specific advice.

Yes. This issue is only about the property in question.

A.J.
916-456-5370

I cannot call you by telephone pursuant to site rules, but the form of a Lis Pendens is not complicated. It merely needs to have the legal address for the property and the nature of the dispute. Once recorded, the notice will generally prevent sale because no title insurers will cover the property until the notice is lifted. Be aware, however, that an improper filing can result n a slander of title suit being filed against you. Make sure you have a valid claim before you file.

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Attorneys are limited to offering specific legal advice in states where they are licensed. Online responses offered here are ADVISORY OPINIONS only and should NOT be considered specific legal advice! Consult a local attorney for specific advice.

Fair enough on the phone call.

All I'm worried about is the house being sold and me not getting paid.

I have filed a Mechanics' Lien at this point will that do the same thing? If not then how EXACTLY do I file a Lis Pendens in Sacramento, CA? For the Mechanics Lien I went down to the county recorders office.

The bottom line is the contract (do you need to see it?) I have with my business partner is that I own the house and we split the profits 50/50 after I do the remodeling work. He now says he owns the house because he is on the title and he can do whatever he wants. My basic fear is that he will sell the house to a friend below market value to cut me out of the profits. Or just make up tons of expenses to make the venture not have any profits. I don't want to fight him after the he has sold the house so I need to make sure he can't sell it before working this stuff out. He has already taken a kickback from one contractor so my trust in him is gone.

Thanks,

A.J.

If you already have a validly filed mechanic's lien, there's no real advantage to also adding a Lis Pendens. The mechanic's lien will prevent any title insurance or sale since the purchaser will take the property subject to any existing liens. I would secure counsel now to foreclose your mechanic's lien and sort of your ownership interest. Obviously, in future deals, make sure your name is also placed on any deeds.

Good luck and best wishes.

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Attorneys are limited to offering specific legal advice in states where they are licensed. Online responses offered here are ADVISORY OPINIONS only and should NOT be considered specific legal advice! Consult a local attorney for specific advice.

Thank you very much for your advice and input. Just one last quick question... what does "foreclose your mechanic's lien" mean?

I would like to close this out and Accept your answer but want to make sure you can still respond so I'll leave it open for now.

Thanks again so much,

A.J.

A.J.

Foreclosure of your mechanic's lien simply means you file suit against your "partner" for the mechanic's lien previously filed. Although you could do this pro se and without the assistance of counsel, if your mechanic's lien was timely filed you can also recover your attorney's fees as part of the foreclosure suit so you might as well have counsel assist you.

Joe

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Attorneys are limited to offering specific legal advice in states where they are licensed. Online responses offered here are ADVISORY OPINIONS only and should NOT be considered specific legal advice! Consult a local attorney for specific advice.