How to eFile and eRecord a Lis Pendens in Tehama County, California
When a legal dispute involves real property in Tehama County, filing and recording a Lis Pendens—Latin for “pending suit”—is an essential legal step. Officially known as a Notice of Pendency of Action, this document alerts potential buyers, lenders, and other parties that the title or possession of a specific property is the subject of a lawsuit. In California, and specifically in Tehama County, this notice must be both filed with the court and recorded with the county recorder. Thanks to digital advancements, both of these steps can be done electronically via eFiling and eRecording.
In this post, we’ll walk you through the complete process of eFiling and eRecording a Lis Pendens in Tehama County, step by step.
What Is a Lis Pendens?
A Lis Pendens is a formal notice that a lawsuit has been filed concerning real estate. It does not create a lien, but it clouds the title, making it difficult for the property to be sold or refinanced until the legal matter is resolved. It is a powerful tool in disputes involving ownership, easements, partitions, or real estate fraud.
However, because of its significant impact on the marketability of property, California law has strict rules about how and when it must be filed, served, and recorded.
Step 1: Filing Your Lawsuit
Before you can file a Lis Pendens, you must have already filed a legal action that affects the title or right to possession of real property. Common examples include:
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Partition actions
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Quiet title actions
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Foreclosure or rescission suits
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Breach of real estate contract
Once the lawsuit is filed in the Tehama County Superior Court, you can proceed to file the Lis Pendens.
Step 2: eFiling the Lis Pendens with Tehama County Superior Court
Tehama County participates in California’s Odyssey eFileCA system, which allows for electronic filing of court documents.
How to eFile:
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Visit the eFiling Portal
Go to the Odyssey eFileCA website and select Tehama County. -
Register or Log In
If you don’t already have an account, register for one. You’ll need to input contact details and set up payment information. -
Upload Documents
Upload your Lis Pendens and any supporting declarations (required under California Code of Civil Procedure §405.21, especially if you’re a self-represented litigant). -
Pay Filing Fees
Fees vary depending on your case type and number of documents. Payment is made through the portal. -
Submit and Confirm
Once submitted, you’ll receive an electronic timestamp and confirmation of filing.
If you are representing yourself (pro se), you may need to obtain court approval before the Lis Pendens can be recorded. This generally involves filing a motion and obtaining a signed court order.
Step 3: eRecording the Lis Pendens with the Tehama County Recorder’s Office
After successfully filing the Lis Pendens with the court, you need to record it in the county’s public records. This provides notice to third parties (such as buyers, lenders, and title companies) that the property is involved in a lawsuit.
How to eRecord:
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Use an eRecording Vendor
Tehama County is part of the California Electronic Recording Transaction Network Authority (CeRTNA). Authorized vendors like Simplifile, CSC, or ePN offer access to the eRecording system. -
Prepare the Document for Recording
The Lis Pendens must include:-
The case number
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The names of the parties
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The legal property description
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A statement that the action affects title or possession of real property
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Upload & Submit via Vendor Platform
Log in to the vendor’s portal and upload your Lis Pendens. Make sure to attach any required cover sheets or declarations. -
Pay the Recording Fee
Fees in Tehama County typically start around $20–$30 per document, depending on the number of pages and additional requirements. -
Receive Confirmation
Once recorded, the document will be time-stamped and returned to you digitally.
For assistance, you can contact the Tehama County Recorder’s Office at (530) 527-3350.
Step 4: Serve the Lis Pendens on All Parties
Within 30 days of recording, you must serve a copy of the Lis Pendens on all adverse parties and property owners named in the lawsuit via certified mail, return receipt requested. Failure to serve within this time can result in the Lis Pendens being invalidated.
Step 5: File Proof of Service with the Court
After serving the recorded Lis Pendens, file your proof of service with the court. This is a crucial step for maintaining the enforceability of your notice.
Legal Cautions
Because a Lis Pendens can significantly impact property rights, courts are careful about how and when they allow them. In fact, if you file one in bad faith or without a valid claim to the property, the court may expunge the Lis Pendens and impose monetary sanctions.
If you are unsure whether your legal claim qualifies for a Lis Pendens, consult a real estate attorney familiar with California civil procedure.
Final Thoughts
Thanks to Tehama County’s adoption of eFiling and eRecording technology, recording a Lis Pendens is more accessible and efficient than ever before. Still, it’s a legally sensitive action that must be done carefully and within the bounds of California law.
By understanding the full process—from court filing to recording and service—you can ensure your Lis Pendens is valid, effective, and enforceable.
Whether you're an attorney or a self-represented litigant, this guide offers a clear pathway to secure your rights in any real estate-related litigation in Tehama County.
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