RECORDING A LIS PENDENS

As soon as the foreclosure complaint is filed, the foreclosing lender should file and record a lis pendens. A lis pendens, also known as a Notice of Pending Action, is a document, which is filed with the Superior Court and recorded in the County Recorder’s Office in any action which affects title to, or possession of, real property. Code of Civil Procedure Section 405. The purpose of a lis pendens is to put the world on notice that a claim is being made against a property.

If a lender files and records a lis pendens, after filing the foreclosure complaint, then the decree of foreclosure will be valid and binding against any party who takes title to the property after the recordation of the lis pendens. If, on the other hand, the lender does not file and record a lis pendens, then the foreclosure does not affect parties who took title after the foreclosure action was filed but before the decree of foreclosure.

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