Santa Clarita Lis Pendens Attorney Helps You Protect Your Claim On A Property

Has the seller backed out of your property transaction? Learn to protect your claim on that home with our Santa Clarita Lis Pendens attorney.

As a homebuyer, you search and search until you find the perfect property. 

You invest your time, money and hopes for the future into that home. 

And you enter a contract with the seller that says, if you meet your obligations, then they will meet theirs – and that home will be yours. 

However, contractual obligations don’t always go as planned. 

Sometimes that means the seller backs out of the deal, and the buyer’s dream home and future is now at risk. 

As the buyer, however, you still have options if you want to protect your interest in that property. 

One of the essential steps in that process is legally recording your potential claim on the property.

That way, you can fight to keep it.

Santa Clarita Lis Pendens Attorney Explains The Process

What’s A Lis Pendens?

A notice of pendency of action, more commonly known as a lis pendens, lets the world know there’s an active dispute over a piece of real property. This official court document signals to anyone interested in the property that it has a pending lawsuit or claim attached to it. 

Latin for “suit pending,” a lis pendens is often used by buyers to prevent a property from being sold to another buyer in the event of a property dispute. However, there are other reasons for a lis pendens, including: 

• Eminent Domain – a government body is attempting to take the property 
• Partition – a co-owner is attempting to divide the property
• Quiet Title – another party is claiming ownership of the property 
• Foreclosure – the lender is attempting to take ownership of the property

When Should I File A Lis Pendens?

While there are different reasons for a lis pendens, we commonly file one on behalf of buyers who are in the middle of a disputed property transaction. 

“If you’re a buyer, and the seller isn’t allowing you to close, or record the deed, then you may want to consider a lis pendens,” explained Steffanie Stelnick, Founding Partner of The Law Offices of Steffanie Stelnick. “It puts a cloud on title, which ensures that the seller doesn’t sell the property to someone else. Without a lis pendens, you won’t be able to protect your interest in the property. Ultimately, you could lose the property.”

Additionally, recording a lis pendens allows you to file for something called specific performance, which is a crucial step in a breach of contract lawsuit. That means a lis pendens is a valuable step in the larger process, whenever a buyer wants to legally protect their interest in a disputed property.

How Do I Record A Lis Pendens?

In order to record a lis pendens on a property, you have to file a breach of contract lawsuit. Once you file the lawsuit, it’s best to immediately record the notice of pendency of action with the County Recorder’s Office. This protects your interest in the property. 

“Once the paperwork is filed, we then serve the seller and try to initiate mediation. Sometimes contracts include a mediation clause or binding arbitration,” Steffanie explained. “But you’re still required to file the breach of contract lawsuit in superior court, in order to perfect and record a lis pendens.” More importantly, if you don’t follow the guidelines, you won’t be able to file a lis pendens. You could lose your claim on the property.

How Can A Santa Clarita Lis Pendens Attorney Help? 

“Recording a lis pendens can be a very complex and convoluted process. There are a lot of different steps to follow, and if you don’t follow them precisely, you could lose your interest in the property,” Steffanie explained. “Whether you’re a seller who was just served with a notice of pendency of action, or you’re a buyer who wants to record one, please reach out to us today.”

If you’re involved in any aspect of a contract dispute – especially if a lis pendens has been filed – it’s imperative that you reach out to an attorney to prevent any more potential damages. “Remember, our initial consultation is always free,” Steffanie explained. “We’re happy to answer your questions by phone, email, video call, or in-person meeting. We’re here for you.”

We are here to help. Schedule your complimentary case evaluation today, and our Santa Clarita lis pendens attorney will answer all your questions, walk you through the process and review all your documents – to protect the biggest transaction of your life.

About The Law Offices of Steffanie Stelnick 

The Law Offices of Steffanie Stelnick is a full-service civil litigation law firm in California that focuses on real estate law, with cases in estate planning, probate, landlord and tenant disputes and contract disputes. Mrs. Steffanie Stelnick represents builders, small and large property management companies, investors, brokers and all types of real property owners. In 2020, she was recognized by the American Institute of Trial Lawyers as Litigator of the Year. Mrs. Stelnick believes all landlords and tenants should know their rights, and when it comes to representation, experience matters. The Law Offices of Steffanie Stelnick has handled thousands of real estate cases with a strong, aggressive approach that ensures all clients operate on an even playing field in a litigation environment. Founded in the Santa Clarita Valley, this premiere real estate law firm has offices throughout the state of California, including San Francisco and Sacramento.