I need to have a Lis Pendens removed ,as soon as possible would I have an attorney motion for a ex parite ,
2006-06-30 07:51:05 · 4 answers · asked by andy25333 1 in Politics & Government ➔ Law & Ethics
First, a Lis Penden can only be removed or dismissed by the party who filed it against the real property. A court would not have authority to dismiss someone elses action via an ex-parte hearing. While ex-parte is reserved for emergency situations, your matter probably would not qualify for relief under this circumstance and would need to either be brought under an action to remove the Lis Pendens or via a noticed motion on the pending matter. Is there a pending aciton? Is it civil or a domestic issue? What are the property laws of your state? (e.g. Grant Deed, Deed of Trust, etc.)
This was filed to preserve the asset from further encumbrances and give official notice to everyone of "pending aciton" against the property. If you are the filing party, you can file and record your own withdrawl if you live in California. However, title to the real property has been clouded because of this and the title cannot be insured with this hanging over it. You must contact an attorney who practices Real Property Law. Dont go to a divorce lawyer or a criminal lawyer, you need someone who knows what they are doing.
I will tell you now that you have not provided any information upon which a reliable answer can be provided.
2006-06-30 08:35:10 · answer #1 · answered by ]-[ustler 3 · 1⤊ 0⤋
gonna need to give the other side notice and an opportunity to explain why they filed a lis pendens.
ex parte rulings are usual in domestic violence context, or where there is not enough time to notice the other side because something is literally seconds away from happening, where a judge will enter a TRO for a short duration.
2006-06-30 15:12:05 · answer #2 · answered by lawless 2 · 0⤊ 0⤋
"ex parte" is one sided, as opposed to two sides (plaintiff/ defendant)
some legal motions can be "ex parte," usually procedural stuff.
You have the constitutional right to represent yourself in court without an attorney, but you are presumed to know the law. Be careful, if you're not going to hire an attorney.
2006-06-30 14:58:45 · answer #3 · answered by Barcelona 2 · 0⤊ 0⤋
"from (by or for) one party"
An ex parte decision is one decided by a judge without requiring all of the parties to the controversy to be present.
2006-06-30 14:55:43 · answer #4 · answered by Puppy Zwolle 7 · 0⤊ 0⤋