.jpg)
Lis Pendens Removal
You are correct. A lis pendens is simply a constructive notice that an action is pending in which a claim of title or right of possession in and to a specific parcel or parcels of real property is asserted. The notice does not create a lien, although the underlying claim may involve a disputed lien, and of course the notice may well have the (intended) effect of impeding the transfer of the subject parcel(s). (There may be an issue re avoidance under Sec 547 if the lis pendens is recorded within the 90-day pre-petition period).
In any event, the notice can be expunged if the party recording the notice is found not to possess a valid real property claim. In addition, a motion can be made in the pending action to require expungement conditioned upon the posting of a bond. See CCP 405, et seq.
If the lis pendens is valid/unavoidable and the defendant does not/cannot give an undertaking to obtain expungement, then the underlying claim needs to be resolved. Perhaps that claim can be addressed through an adversary proceeding (Rule 7001(2)), relief from stay or by avoidance motion (not sure which).
Gary R. Wallace
Gladstone Michel Weisberg Willner & Sloane, ALC
4551 Glencoe Ave., Suite 300
Marina del Rey, CA 90292
Tel. (310) 821-9000
Fax (310) 775-8775
Email: gwallace@gladstonemichel.com
Web: www.gladstonemichel.com
NOTE: The information contained in this email may contain attorney-client privileged and confidential information intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by email and delete the original message.
On May 3, 2011, at 4:48 PM, Matt Resnik wrote:
> Little brain freeze. I seem to remember reading that a lis pendens is not considered a lien for BK purposes. However, I am not completely comfortable in my recollection.
>
> Does anyone know if this is by adversarial or motion (522)?
>
> --
> *****PLEASE NOTE - WE HAVE A NEW DOWNTOWN ADDRESS*****
>
> Matthew D. Resnik
> Attorney at Law
>
> Los Angeles Office - Downtown
>
> Simon and Resnik LLP
> 510 W. Sixth Street
> Suite 1220
> Los Angeles, Ca 90014
> T:213-572-0800
> F: 213-572-0860
> Matt@resniklaw.com
> www.simonresnik.com
>
> San Fernando Valley - Sherman Oaks
> Simon & Resnik, LLP
> 15233 Ventura Boulevard
> Suite 300
> Sherman Oaks, CA 91403
> P: 818-783-6251 #2
> F: 818-827-4919
>
>
The post was migrated from Yahoo.
Little brain freeze. I seem to remember reading that a lis pendens is not considered a lien for BK purposes. However, I am not completely comfortable in my recollection.
Does anyone know if this is by adversarial or motion (522)?
*****PLEASE NOTE - WE HAVE A NEW DOWNTOWN ADDRESS*****
Matthew D. Resnik
Attorney at Law
Los Angeles Office - Downtown
Simon and Resnik LLP
510 W. Sixth Street
Suite 1220
Los Angeles, Ca 90014
T:213-572-0800
F: 213-572-0860
Matt@resniklaw.com
www.simonresnik.com
San Fernando Valley - Sherman Oaks
Simon & Resnik, LLP
15233 Ventura Boulevard
Suite 300
Sherman Oaks, CA 91403
P: 818-783-6251 #2
F: 818-827-4919
The post was migrated from Yahoo.