A party to an action who asserts a real property claim may record a notice of pendency of action in which that real property claim is alleged. The notice may be recorded in the office of the recorder of each county in which all or part of the real property is situated. The notice shall contain the names of all parties to the action and a description of the property affected by the action.
Recording Notice of Certain ActionsRecordation Service and Filing
Section § 405.20
If you're involved in a lawsuit over real estate, you can file a notice called a 'notice of pendency of action' in the county where the property is located. This notice tells others there's a legal claim affecting the property and includes the names of everyone in the lawsuit and a description of the property.
real property claim notice of pendency action notice
Section § 405.21
If there's a legal case involving real estate, an official notice called a 'notice of pendency of action' can be signed by the lawyer handling the case. Alternatively, a judge can approve it if a party asks for it. This notice cannot be officially filed unless a lawyer signs it, a person representing themselves gets a judge's approval, or if the case falls under specific conditions outlined in another rule, Section 405.6.
An attorney of record in an action may sign a notice of pendency of action. Alternatively, a judge of the court in which an action that includes a real property claim is pending may, upon request of a party thereto, approve a notice of pendency of action. A notice of pendency of action shall not be recorded unless (a) it has been signed by the attorney of record, (b) it is signed by a party acting in propria persona and approved by a judge as provided in this section, or (c) the action is subject to Section 405.6.
notice of pendency real property claim attorney of record
Section § 405.22
Before you officially record a notice about a property claim, you need to send a copy by registered or certified mail to everyone involved with the property, like owners and any party affected by the claim, at their known addresses. If you can't find an address, you can file a sworn statement instead of a proof of service. After the notice is recorded, you must file a copy with the court and send copies to any new parties added to the case.
Except in actions subject to Section 405.6, the claimant shall, prior to recordation of the notice, cause a copy of the notice to be mailed, by registered or certified mail, return receipt requested, to all known addresses of the parties to whom the real property claim is adverse and to all owners of record of the real property affected by the real property claim as shown by the latest county assessment roll. If there is no known address for service on an adverse party or owner, then as to that party or owner a declaration under penalty of perjury to that effect may be recorded instead of the proof of service required above, and the service on that party
or owner shall not be required. Immediately following recordation, a copy of the notice shall also be filed with the court in which the action is pending. Service shall also be made immediately and in the same manner upon each adverse party later joined in the action.
real property claim registered mail certified mail
Section § 405.23
For legal notices about ongoing lawsuits concerning property to be valid against someone with an opposing interest or the property owner, certain service requirements must be followed. Additionally, proof of this service must be officially recorded; otherwise, the notice is invalid.
Any notice of pendency of action shall be void and invalid as to any adverse party or owner of record unless the requirements of Section 405.22 are met for that party or owner and a proof of service in the form and content specified in Section 1013a has been recorded with the notice of pendency of action.
notice of pendency adverse party owner of record
Section § 405.24
When someone files a legal notice (called a 'notice of pendency of action') about a lawsuit concerning a piece of real estate, anyone who buys or takes a loan against that property is considered legally informed about the lawsuit from the time the notice is recorded. This means the lawsuit is linked to the property and impacts its ownership rights from the moment of the notice, even if the lawsuit is still ongoing. The outcome of the lawsuit will apply back to the date this notice was recorded.
From the time of recording the notice of pendency of action, a purchaser, encumbrancer, or other transferee of the real property described in the notice shall be deemed to have constructive notice of the pendency of the noticed action as it relates to the real property and only of its pendency against parties not fictitiously named. The rights and interest of the claimant in the property, as ultimately determined in the pending noticed action, shall relate back to the date of the recording of the notice.
notice of pendency constructive notice real property
