Help! I need an attorney to remove a lis pendens from a house I bought at auction


#1

Any suggestions for a competent attorney that any of you have used and could refer me to? I bought a house at trustee sale that had a lis pendens from a class action lawsuit filed against Bank of America- and now the attorney who filed the lawsuit (Philip Kramer) is in jail and I am stuck needing to have this removed. I have a buyer for the house and we are in a 60 day escrow and I am really hoping this can be removed from title quickly. I have the former owners phone and address but they refuse to talk to me or withdraw that lis pendens (no suprise there). I already spent thousands of dollars and lost about 8 months trying to get them evicted and now I just want to move on and close this escrow. Any recommendations? (the lawsuit was filed in Orange County but I am in northern CA- does it matter where the attorney is located?)


#2

The suit should be filed in the County where the property is located. If you are in No. Ca. I can give you the names of 2 or 3 attys - depending on which county the property is in.
I wonder, given the circumstances, if there was some kind of blanket dismissal order given in the suit under which the lis pendens was filed? Have you checked?


#3

thanks for your response… I am in shasta county. there was an attorney who helped me a little and he found some kind of dismissal, but when i presented that to the title officer he said it didn’t address my specific property (even though the attorney thought it might suffice).


#4

IF the case is dismissed and the appeal time (forget what that is -60 days?) has passed, that should do it.
“Lis Pendens” means “Legal Action Pending”. If it is no longer pending, that’s it. Maybe there was only a partial dismissal and the suit is still active.
You need to look at the document and see exactly what it says. Any atty. should be able to tell you if the suit is “dead” or whether the dismissal only affected part of the action.