What is a lis pendens in civil law?

A lis pendens is a legal document filed with a court to provide notice of a pending lawsuit that involves real estate. In civil law, a lis pendens is a notice that a lawsuit has been filed which affects title to real property located in California. The filing of a lis pendens is a public document. It generally puts interested parties on notice that they should not take any action with regard to the title to the real estate until the lawsuit is resolved, such as selling the property to a third-party. Additionally, the lis pendens prevents the defendant in the lawsuit from taking any action regarding the property until the suit is resolved. In civil law proceedings in California, a lis pendens must generally be filed in the county where the affected real property is located. The document must contain specific information about the parties to the lawsuit, the court in which the lawsuit is pending, and the action that is the subject of the lawsuit. Once a lis pendens is filed with the court, the public record of the lawsuit is established, and any potential buyers can be notified of the pending litigation. When the lawsuit is concluded, the lis pendens is generally removed from the public record. If it is not, it must be removed by the party who brought the lawsuit in order to protect their real property interest.

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