A withdrawal of a lis pendens in California is the topic of this blog post.
A withdrawal of a lis pendens in California is governed by the provisions of Code of Civil Procedure section 405.50. A lis pendens is also referred to as a notice of pendency of action.
Requirements for withdrawal of a lis pendens in California.
Note that the notice of withdrawal of lis pendens must be signed by the party that recorded the original lis pendens or their successor in interest and the signature must be notarized. The notarized withdrawal should then be recorded in the office of the county recorder for the county in which the original lis pendens was recorded.
The most common reason for recording a notice of withdrawal of a lis pendens in California would be a situation where the parties settled the litigation that first 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any time after notice of pendency of an action has been recorded pursuant to this title or other law, the notice may be withdrawn by recording in the office of the recorder in which the notice of pendency was recorded a notice of withdrawal executed by the party who recorded the notice of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 litigation that first 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a certified copy of the recorded withdrawal of lis pendens in order to notify the court that the lis pendens has been withdrawn.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 withdrawal of a lis pendens in California available in Microsoft Word format.
Attorneys or parties in California that would like to view or download a sample withdrawal of a lis pendens in California available in Microsoft Word format and created by the author can see below.
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