Attachments for San Diego, Ca real estate (court-seized property)
ATTACHMENT (LIEN) is a process of the law that creates a lien. It gives custody
of property to the courts to assure payment of a pending lawsuit. This is to
assure that there will be enough property to satisfy the judgment should
the plaintiff prevail. The PLAINTIFF is the person filing a court action to obtain
an attachment lien. The DEFENDANT is the person who is being sued. During an unlawful detainer action for collection of past due rents, for instance, it may be advantageous for a plaintiff to obtain an attachment against the defendant. This
type of lien is good for three years, and is extended only if the plaintiff wins the
court case. The important thing to remember about an attachment is that it
does exist, and can be a lien on San Diego, Ca homes.
Lis pendens "lawsuit pending"
LIS PENDENS is the recording of a notice that a lawsuit is pending concerning a
particular property. Attorneys often file a lis pendens before a court date is set
in order to stop the transfer of the property. A lis pendens places a cloud on
the title, so this type of action should not be taken lightly. The property is
not marketable until the lis pendens is removed.
A lis pendens is notice of a pending lawsuit that affects title
(clouds title) and remains on the public record until judgment
is rendered or suit is dismissed.
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