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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Re: lis pendence against the foreclosing lender Posted by Kristine-CA on May 05, 2009 at 10:43 PM In Reply to: lis pendence against the foreclosing lender posted by Joe on May 05, 2009 at 11:03 AM A lis pendens in CA will not be "wiped off" as it is not a recorded lien but rather notice of a pending law suit in which the real property is included. Please don't let this surprise you from this point forward. Your title insurance officer is correct in that the title company may or may not be OK with insuring after the the trustee's sale. Unless I understood the case against the lender, and unless I was ok with an 12-18 month holding time with no ability to move forward, I wouldn't bid on it. But if the price was right....you bet! Kristine : A property I am interested in biding has a lis pendence, and I just spoke with a fidelity title officer, and to my surprise he said that the auction will not necesarely wipe off every lis pendense. He said it depends on the law suit itself. This lawsuit is against the lender doing the foreclosure. Would it be safe to bid on this one? Follow Ups: Lender Liability Tom 6:43 AM, 05/06/09 (0) Post a Followup: Name : E-Mail : Subject : Comments: : A lis pendens in CA will not be "wiped off" as it is not a recorded lien but rather notice of a pending law suit in which the real property is included. Please don't let this surprise you from this point forward. Your title insurance officer is correct in that the title company may or may not be OK with insuring after the the trustee's sale. : Unless I understood the case against the lender, and unless I was ok with an 12-18 month holding time with no ability to move forward, I wouldn't bid on it. But if the price was right....you bet! Kristine : : : A property I am interested in biding has a lis pendence, and I just spoke with a fidelity title officer, and to my surprise he said that the auction will not necesarely wipe off every lis pendense. He said it depends on the law suit itself. This lawsuit is against the lender doing the foreclosure. Would it be safe to bid on this one? [ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] WWWAdmin 2.0a © 1997 Matt Wright and DBasics Software Company, All Rights Reserved

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