San Benito County Notice of Pending Action Form

San Benito County Notice of Pending Action Form
Fill in the blank form formatted to comply with all recording and content requirements.

San Benito County Notice of Pending Action Guide
Line by line guide explaining every blank on the form.

San Benito County Completed Example of the Notice of Pending Action Document
Example of a properly completed form for reference.

San Benito County Proof of Service Form
Fill in the blank Notice of Pending Action form formatted to comply with all California recording and content requirements.

San Benito County Proof of Service Guide
Line by line guide explaining every blank on the form.

San Benito County Completed Example of the Proof of Service Document
Example of a properly completed form for reference.
All 6 documents above included • One-time purchase • No recurring fees
Immediate Download • Secure Checkout
Additional California and San Benito County documents included at no extra charge:
Where to Record Your Documents
County Clerk - Auditor - Recorder
Hollister, California 95023-3843
Hours: 8:00 to 5:00 M-F / Recording: 9:15 to 4:00
Phone: (831) 636-4046
Recording Tips for San Benito County:
- Bring your driver's license or state-issued photo ID
- Ensure all signatures are in blue or black ink
- Request a receipt showing your recording numbers
- Leave recording info boxes blank - the office fills these
Cities and Jurisdictions in San Benito County
Properties in any of these areas use San Benito County forms:
- Hollister
- Paicines
- San Juan Bautista
- Tres Pinos
Hours, fees, requirements, and more for San Benito County
How do I get my forms?
Forms are available for immediate download after payment. The San Benito County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.
Are these forms guaranteed to be recordable in San Benito County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by San Benito County including margin requirements, content requirements, font and font size requirements.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in San Benito County you only need to order once.
What do I need to use these forms?
The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.
Are there any recurring fees?
No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.
How much does it cost to record in San Benito County?
Recording fees in San Benito County vary. Contact the recorder's office at (831) 636-4046 for current fees.
Questions answered? Let's get started!
A Notice of Pending Action, formerly known as a lis pendens, is a document that is recorded to give constructive record notice of a pending lawsuit. The lawsuit must involve a claim which affects (a) title to, or right to possession of, real property; or (b) the use of an easement. [Code Civ. Proc. 405.4] When recorded, the notice lets subsequent buyers, transferees and encumbrancers know that an action is pending which affects the real property.
An attorney of record in an action may sign a notice of pendency of action. Alternatively, a judge of the court in which an action that includes a real property claim is pending may, on request of a party, approve a notice of pendency of action. A notice of pendency of action may only be recorded if: (1) it has been signed by the attorney of record; (2) it is signed by a party acting in propria persona ("for one's self," acting on one's own behalf) and approved by a judge; or (3) the action is one in eminent domain and subject to Code Civ. Proc. 405.6. [Code Civ. Proc. 405.21]
A party to an action who asserts a real property claim may record a notice of pendency in the action in which that real property claim is alleged. The notice must be recorded in the office of the recorder of each county in which all or part of the real property is situated. The notice must contain the names of all parties to the action and a description of the property affected by the action. [Code Civ. Proc. 405.20]
Except in eminent domain actions subject to Code Civ. Proc. 405.6, a real property claimant must, prior to recording the notice, mail a copy of it, by registered or certified mail with return receipt requested, to all known addresses of the parties to whom the real property claim is adverse, and to all owners of record of the real property affected by the claim. Immediately after recording, file a copy of the notice with the court in which the action is pending. [Code Civ. Proc. 405.22]
Any failure to meet the statutory obligations, including the Proof of Service requirement, will render the notice of pendency of action void and invalid as to any adverse party or owner of record. [Code Civ. Proc. 405.23]
Lawsuits can be complicated, and even small errors can affect the outcome of a case. Please contact an attorney with questions about using the Notice of Pending Action, or for any other issues related to real property in California.
(California Notice of Pending Action Package includes form, guidelines, and completed example)
Important: Your property must be located in San Benito County to use these forms. Documents should be recorded at the office below.
This Notice of Pending Action meets all recording requirements specific to San Benito County.
Our Promise
The documents you receive here will meet, or exceed, the San Benito County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Save Time and Money
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December 29th, 2020
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