If a Notice of Pendency is filed incorrectly, what remedy is available?

If a Notice of Pendency is filed incorrectly, what remedy is available?

• A. A motion can be made to cancel it
• B. It cannot be canceled
• C. It automatically expires after 30 days
• D. You must re-file

Answer: (A)

A Notice of Pendency (lis pendens) creates a temporary cloud on a property's title to reflect that a related action may affect ownership. If the filing is incorrect—no real action involving the property, improper description, or filed in error—the proper remedy is to bring a motion to cancel (or expunge) the lis pendens. The court has authority to remove the notice when it’s not properly supported, restoring clear title and preventing unnecessary hindrance to transfers. It isn’t automatically canceled after a set period, and there’s no need to re-file unless a separate, valid basis arises. The important point is that the correct procedural step is to seek cancellation by motion.

A Notice of Pendency (lis pendens) creates a temporary cloud on a property's title to reflect that a related action may affect ownership. If the filing is incorrect—no real action involving the property, improper description, or filed in error—the proper remedy is to bring a motion to cancel (or expunge) the lis pendens. The court has authority to remove the notice when it’s not properly supported, restoring clear title and preventing unnecessary hindrance to transfers. It isn’t automatically canceled after a set period, and there’s no need to re-file unless a separate, valid basis arises. The important point is that the correct procedural step is to seek cancellation by motion.