How to eFile and eRecord a Lis Pendens in Contra Costa County

 When real estate disputes arise in California, one of the most powerful legal tools available is the Lis Pendens, or Notice of Pendency of Action. This document alerts potential buyers or lenders that the property is involved in ongoing litigation, effectively putting them on notice that their interest in the property could be affected by the lawsuit. If you’re involved in a real property dispute in Contra Costa County, learning how to efile lis pendens and record it correctly is essential.

In this guide, we’ll walk you through the full process of eFiling and eRecording a Lis Pendens in Contra Costa County, including what it is, why it's important, and how to ensure your filing is legally valid and timely.



What Is a Lis Pendens?

A Lis Pendens is a legal notice filed in connection with a lawsuit that affects the title or possession of real property. It serves as a public declaration that a lawsuit is pending and that any interest acquired by third parties may be subject to the outcome of that litigation.

In California, filing a Lis Pendens is governed by California Code of Civil Procedure sections 405.20–405.61. To be valid, the underlying lawsuit must involve a “real property claim”—meaning a claim that would affect ownership or possessory rights to the property.

Why eFile and eRecord?

Traditionally, attorneys and self-represented litigants had to deliver physical documents to both the courthouse and the county recorder’s office. Today, Contra Costa County allows you to efile lis pendens and eRecord documents through certified third-party platforms. This digital method:

  • Saves time and travel

  • Allows faster processing

  • Reduces risk of document rejection due to formatting issues

  • Provides instant confirmation of submission

For anyone needing to assert a claim on real estate in the area, learning how to efile lis pendens in Contra Costa County can streamline your legal process.

Step 1: File the Underlying Lawsuit

Before you can efile a Lis Pendens, you must have an active civil lawsuit pending in Contra Costa County Superior Court. The complaint must involve a qualifying real estate claim—such as quiet title, specific performance, or foreclosure defense.

You'll need to:

  • Draft and eFile the civil complaint

  • Pay the applicable court filing fee

  • Receive a case number and confirmation

If you are representing yourself (pro se), some courts may require judicial approval before you can record a Lis Pendens. Attorneys usually do not need prior court permission, but should check local rules.

Step 2: Prepare the Lis Pendens Document

Once your lawsuit is on file, you’ll need to prepare the Lis Pendens document. It should include:

  • The title of the court case

  • The case number

  • A legal description of the real property

  • The full names of the parties involved

  • A declaration confirming the action affects real property

Make sure the document is properly formatted to meet Contra Costa County Recorder’s standards, including margin sizes and font requirements. Accuracy is key—an error here can result in rejection of your recording.

Step 3: Serve the Notice

After preparing your Lis Pendens, California law requires that you serve notice on all affected parties via registered or certified mail with return receipt requested. You must serve:

  • All parties to the lawsuit

  • The property owner(s), if not a party

  • Any known lienholders or mortgage lenders

You must also prepare and file a Proof of Service, which is critical if you ever need to defend the notice from a motion to expunge.

This step must be completed within 30 to 60 days, depending on the circumstances. If you’re going to efile lis pendens, make sure this service step is completed before or promptly after submitting the document.

Step 4: eFile Lis Pendens with the Court

Now it's time to efile lis pendens with the Contra Costa Superior Court. You can use the court’s approved electronic filing system or a certified eFiling service provider (EFSP). Your submission should include:

  • The Lis Pendens document

  • Proof of Service

  • Judicial order (if required for pro se litigants)

Once accepted, you’ll receive a confirmation with a court file stamp. Save this—it will be needed for the next step.

Step 5: eRecord the Lis Pendens

With the court-stamped copy in hand, you can now eRecord the Lis Pendens with the Contra Costa County Recorder’s Office. Use a certified eRecording vendor to upload your document. Ensure that your scan is in black and white, 300–600 DPI, and meets county imaging requirements.

The recorder will return a stamped copy confirming that your Lis Pendens is now part of the public property records. This step is what gives your notice legal force and puts third parties on alert.

Step 6: Monitor & Maintain

Once you efile lis pendens, your work isn’t done. You should:

  • Monitor the case to ensure no motions to expunge are filed

  • Refrain from recording multiple lis pendens on the same property unless permitted by court order

  • Withdraw the Lis Pendens if the case is dismissed or settled

If a judge determines the Lis Pendens was filed improperly (e.g., without service, court approval, or a qualifying property claim), you could be ordered to remove it and even pay attorney fees.

Conclusion

Knowing how to efile lis pendens in Contra Costa County is essential for protecting your interests in real property litigation. By following the correct steps—filing the underlying lawsuit, serving notice, and using approved digital platforms for eFiling and eRecording—you ensure your notice is legally effective and defensible.

If you're unsure about the process or requirements, consider working with a legal service provider or real estate attorney who regularly files in Contra Costa. A small error can lead to costly delays—or worse, expungement of your notice.

In today’s digital-first legal environment, choosing to efile lis pendens is not just more efficient—it’s the smart and reliable way to secure your claim.

Visit https://county.countrywideprocess.com/how-to-efile-and-erecord-a-notice-of-lis-pendens-in-contra-costa-county/

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