A California buyer discovers that the property she purchased has a cloud on the title — specifically, an old lis pendens from a lawsuit that was resolved years ago but the lis pendens was never expunged from the record. What legal action should the buyer's attorney pursue to resolve this issue?
Correct Answer
B) File a motion to expunge the lis pendens with the court that originally handled the case
Under California Code of Civil Procedure §405.30-405.33, a lis pendens can be expunged by filing a motion with the court. Since the underlying lawsuit has been resolved, the court would grant the motion to remove the lis pendens from the record. This is the proper legal procedure for clearing a stale lis pendens in California.
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A California real estate instructor is explaining the different types of title evidence available to buyers. Which of the following is NOT a recognized form of title evidence in California?
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