Can I record a quitclaim deed after a lis pendens has been filed?
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Can I record a quitclaim deed after a lis pendens has been filed?
The quitclaim deed is signed and notarized well before the lis pendens was filed.
Asked on November 15, 2011 under Real Estate Law, California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You can record a quiclaim to a piece of property that you are concerned about after the lis pendens that you are writing about has been filed given the presumed lawsuit that it pertains to The key issue is that if the lis pendens has been recorded on the property at issue before the quitclaim to the same property has been recorded, the lis pendens takes precendence.
Meaning, the person who gets the property under the quitclaim recorded after the recording of the lis pendens takes title to the property subject to the lis pendens being in effect referencing the lawsuit.
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