California · TitleCalifornia lis pendens: a recorded notice of pendency that binds later buyers and lenders
In California a party to an action who asserts a real property claim may record a notice of pendency of action in which that claim is alleged, in the office of the recorder of each county where all or part of the property is located; the notice must contain the names of all parties and a description of the property (Code of Civil Procedure §405.20). From the time of recording, a purchaser, encumbrancer or other transferee of the described property is deemed to have constructive notice of the pending action as it relates to the property, and only of its pendency against parties not fictitiously named (§405.24). The claimant's rights in the property, as finally determined in the action, relate back to the date the notice was recorded (§405.24).
What the statutes set
Who records (§405.20)
A party asserting a real property claim in the action.
Where (§405.20)
The recorder of each county where any part of the property lies.
Contents (§405.20)
Names of all parties and a description of the property.
Effect (§405.24)
Constructive notice from recording; rights relate back to that date.
What the TC does when a California title report shows a notice of pendency
- Send the recorded notice and the case number to both parties' attorneys at once.
- Ask the title company what it needs to insure over or remove the notice.
- Put the closing date on hold until the notice is withdrawn or expunged of record.
Questions about California lis pendens
Who can record a lis pendens in California?
A party to an action who asserts a real property claim in it (CCP §405.20).
Does a California lis pendens bind a later buyer?
Yes. From recording, a purchaser, encumbrancer or other transferee has constructive notice, and the claimant's rights relate back to the recording date (CCP §405.24).
Related guides
Track the notice of pendency and its removal as tasks on the deal in ClosingCode.
Start free trialSources: Code of Civil Procedure §§405.20, 405.24 (leginfo.legislature.ca.gov), read October 31, 2026.
General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.