lis pendens

[max717]

Mods, I think this is important to the struggle. If you don't think it as correct please remove. If you are in Ca. and are in default/mod process file a Lis Pendens. It's easy/free you can do it yourself and it will create a problem if the bank try's to sell your home. It will also be a way to get notified if they try and sell it and don't tell you.

a lis pendens is a written notice that a lawsuit has been filed concerning real estate, involving either the title to the property or a claimed ownership interest in it. The notice is usually filed in the county land records office. Recording a lis pendens against a piece of property alerts a potential purchaser or lender that the property’s title is in question, which makes the property less attractive to a buyer or lender. After the notice is filed, anyone who nevertheless purchases the land or property described in the notice takes subject to the ultimate decision of the lawsuit.

[Marie T]

I was wondering about this too...seems the key is to make the house as unattractive as possible for foreclosure so the lender will do a modification instead. My husband has said he should file a mechanics lien against the house as house is not in his name and he is not on mortgage but he has done massive amounts of work and has put a lot of his earnings into house since I lost my job. Any thoughts?

[caldwellb02]

Hi all. Lurking here before heading out. A lis pendens then doesn't need proof?

If not, then this sounds reasonable. I mean when i bought the house I had to pay for a title search et al to make sure there were no actions against it. Hm....

[homesweethome]

Thank you for posting that, it may not help me, bank sold my home on Oct. 13th after accepting trial mod payment for Oct., this info will be helpful for some other homeowner "LOANSAFE UNITE"

[grullagirl]

I believe that a Mechanic's Lien is junior to the first mortgage holder and possibly the second lien, if any. I would think that Mechanic's Lien would be extinguished upon foreclosure by the bank.
If the home is foreclosed on, the contractor who filed the lien would then go after the debtor in small claims or other court action and get a personal judgment/wage garnishment etc. At least this is how I understand it. Probably best to ask an expert.
Not sure how the Lis Pendens would play out.
My knowledge is based on CA law.

[HopingtoFind]

I would think that this would apply to any state not just CA.

Also, foreclosure extinguishes all junior liens... do not know what would happen to Lis Pendens... if it is different then just a regular lien.