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In states that require judicial foreclosure actions, lenders traditionally file a lis pendens to foreclose on a mortgage or deed-of-trust loan that is in default. On the other hand, a notice of default is used in states that follow non-judicial foreclosure laws. In essence, depending on where the property is located, either a lis pendens or notice of default is issued to begin the foreclosure process. A property is considered to be in preforeclosure from the day a lis pendens is filed until the day the property is sold at auction. The amount of time between these two dates varies greatly from state-to-state.
There are a number of strict procedural requirements that must be followed in order to properly prepare, serve and record a lis pendens. There is a danger that if the lis pendens is not proper the owner of the property may be able to recover attorneyâs fees and costs from you for the cost of bringing a motion to remove the lis pendens. This procedure is called a motion to expunge lis pendens. (See C.C.P. Â§ 405.30 et seq). Alternatively, the owner of the property may be able to force you ...