A notice of release of a lis pendens in California is the topic of this blog post.
Code of Civil Procedure section 405.50 governs a notice of release of a lis pendens in California.
A notice of pendency of action is another name for a lis pendens that is used in the statute in California.
Releasing a lis pendens in California requires that the party that signed the original lis pendens, or their successor in interest, must sign and record the notice of release of lis pendens . The signature on the notice of release of a lis pendens must be notarized. The notice must then be recorded in the office of the county recorder for the county in which the original lis pendens was recorded.
Releasing a lis pendens in California is generally done in situations where the parties settled the lawsuit that initially led to the recording of the lis pendens.
Code of Civil Procedure § 405.50 states that,
“At any time after notice of pendency of an action has been recorded pursuant to this title or other law, the notice may be withdrawn by recording in the office of the recorder in which the notice of pendency was recorded a notice of withdrawal executed by the party who recorded the notice of pendency of action or by the party’s successor in interest. The notice of withdrawal shall be acknowledged.”
If the lawsuit that initially led to the recording of the lis pendens has not been dismissed it may be a good idea to file a certified copy of the recorded withdrawal of lis pendens in order to notify the court that the lis pendens has been withdrawn.
Sample notice of release of a lis pendens in California available in Word format.
Attorneys or parties in California that would like to view or download a sample notice of release of a lis pendens in California available in Microsoft Word format and created by the author can use the link shown below.
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