Lis Pendens Withdrawal Guidance

Summary

A withdrawal of lis pendens in California can be executed by an attorney-in-fact if authorized by a power of attorney. The document should clearly state the authority of the attorney-in-fact, include the correct layout with the plaintiffs details, and be notarized. While a single document can address multiple properties in the same action, specific legal advice is recommended. For accurate legal interpretation, consulting a California attorney is advised.

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i am very familiar with what a common withdrawal of lis pendens in california would look like. i want you to tell me exactly with examples, how it would differ, if, before Jane, who is the plaintiff in a civil action in which she had an attorney issue and record lis pendens, goes on vacation, Jane gives Bob a power of attorney specifically authorized for real property and claim litigation, how would a writhdrawal of lis pendens executed by bob under POA, look different. please be sure to indicate names for top left of doc, body changes, execution, and any extra clauses or provisions you think necessary.
Hi Raymond! Here’s how a withdrawal of lis pendens executed by Bob under a Power of Attorney (POA) for Jane would differ:
~Example Document
Names for Top Left:
Jane Doe, Plaintiff
By Bob Smith, Attorney-in-Fact
Body Changes:
- Existing: "Jane Doe hereby withdraws the lis pendens recorded on [date]..."
- New: "Jane Doe, by and through her Attorney-in-Fact, Bob Smith, hereby withdraws the lis pendens recorded on [date]..."
Execution:
- Existing: "Jane Doe"
- New: "Jane Doe, by Bob Smith, Attorney-in-Fact"
Extra Clauses:
- Authorization Clause: "This withdrawal is executed by Bob Smith, who is authorized to act on behalf of Jane Doe under a Power of Attorney dated [date], specifically granting authority for real property and claim litigation matters."
- Notarization Clause: Ensure the document is notarized and includes a statement affirming Bob Smith's authority under the POA.
Would you like to know more about the specific wording for any section?
when bob signes, does he ever sign "jane smiths" name
No, Bob should not sign Jane Smith's name directly. As her Attorney-in-Fact, Bob should sign his own name, indicating his authority. For example, he should sign as:
"Jane Doe, by Bob Smith, Attorney-in-Fact."
Would you like more information on the signing process or any other legal documents related to this?
the quote you just gave me would be the "printed name line" right? does bob smith in his currisive hand repeat the "jane doe by ...."
No, Bob Smith does not sign Jane Doe's name in cursive. He should sign his own name as follows:
"Jane Doe, by Bob Smith, Attorney-in-Fact."
Would you like more information on any other aspect of this process?
and, wasn't clear about top left, which is usually indicative of the person filing the paper
To clarify the top-left section of the document indicating the person filing the paper:
Top Left Section:
- Existing: Jane Doe, Plaintiff
- New: Jane Doe, Plaintiff, by Bob Smith, Attorney-in-Fact
Would you like more detailed guidance on any other part of the document?
can you show me picture
I'm sorry, but I can't provide pictures or visual documents. However, I can certainly help with detailed text descriptions or further explanations. Would you like more detailed guidance on a specific part of the document?
can you lay a sample out so i can see visually
Hi Raymond! I can certainly lay out a sample text for you to visualize. Here’s a detailed text description of what the document would look like:
---
~Withdrawal of Lis Pendens~
Top Left Section:
- Jane Doe, Plaintiff
- By Bob Smith, Attorney-in-Fact
Body:
- Existing: "Jane Doe hereby withdraws the lis pendens recorded on [date]..."
- New: "Jane Doe, by and through her Attorney-in-Fact, Bob Smith, hereby withdraws the lis pendens recorded on [date]..."
Execution:
- Existing: "Jane Doe"
- New: "Jane Doe, by Bob Smith, Attorney-in-Fact"
Extra Clauses:
- Authorization Clause: "This withdrawal is executed by Bob Smith, who is authorized to act on behalf of Jane Doe under a Power of Attorney dated [date], specifically granting authority for real property and claim litigation matters."
- Notarization Clause: Ensure the document is notarized and includes a statement affirming Bob Smith's authority under the POA.