What are the two things required to file a Notice of Pendency and what isn't required?

What are the two things required to file a Notice of Pendency and what isn't required?

• A. IS: filing a notice with the county clerk of the county where the real property is located. (2) Service of the suit must be accomplished within 30 days of the filing of the Notice of Pendency or else ∆ can cancel it upon motion. IS NOT: Doesn't require court order or bond. If filed incorrectly a motion can be made to cancel it.
• B. IS: Court order or bond; Not: Filing with county clerk.
• C. IS: Filing with county clerk; Not: Service of the suit within 30 days.
• D. IS: Service of the suit within 30 days; Not: Filing with county clerk.

Answer: (A)

The rule tested here centers on lis pendens requirements. To file a Notice of Pendency, you must file with the county clerk in the county where the real property sits, and you must ensure the suit is served within 30 days of that filing. There is no need for a court order or a bond to file or keep the notice active. If the notice is filed but service isn’t completed within the 30-day window, the party can move to cancel it. The choice that states both filing with the county clerk and service within 30 days, while not requiring a court order or bond, matches these requirements exactly.

The rule tested here centers on lis pendens requirements. To file a Notice of Pendency, you must file with the county clerk in the county where the real property sits, and you must ensure the suit is served within 30 days of that filing. There is no need for a court order or a bond to file or keep the notice active. If the notice is filed but service isn’t completed within the 30-day window, the party can move to cancel it. The choice that states both filing with the county clerk and service within 30 days, while not requiring a court order or bond, matches these requirements exactly.