Lis Pendens Upheld in Claim Against Sham Trustee Who Transferred Trust Property
A lis pendens is a recorded document giving constructive notice that a lawsuit has been filed affecting title to or right of possession of the real…
Transferring Property in Violation of a Court Order is Not a Good Idea
The “right to alienate” (transfer) property is an important part of the legal “bundle of rights” regarding property ownership. But those rights, like most others, can…
Eviction After Foreclosure: Further Developments from the Courts
A foreclosure sale purchaser attempting to evict a tenant on the property can encounter pitfalls, as made clear in a series of court cases in recent…
Court Permission Required for a Second Lis Pendens
A recorded lis pendens notifies prospective purchasers, encumbrancers, and transferees that there is litigation pending that affects the property. To curb abuses of the lis pendens…
A Lis Pendens Recorded Before a Trustee’s Sale is a “Cloud on Title” that Might Thwart an Unlawful Detainer Claim
In a December 2018 post, Money and Dirt covered a California Supreme Court case — Dr. Leevil, LLC v. Westlake Health Care Center — in which…
Assertion of “Constructive Trust” Can Sometimes Support a Lis Pendens
This post was primarily authored by Patton Sullivan Brodehl attorney Zachary Young. One of the tools available in the real estate litigation attorney’s toolbox is a…
Right of First Refusal Overcomes “Uncertain” Language and Bad Faith
A right of first refusal is a contractual right to purchase property that arises when the owner decides to sell. The holder of a right of…