[Carr v. Rosien____CA4th____]
Facts: An individual is in adverse possession of a parcel of real estate for five years. They file a quiet title action to clear title of the owner’s interest of the lot. However, the adverse possessor fails to mail the lis pendens to the owner. The owner transfers half of the property to a new owner before the quiet title action is granted to the adverse possessor. The new owner obtains a mortgage secured by a trust deed on the property. The adverse possessor files a new quiet title action against the new owner and mortgage holder.
Claim: The adverse possessor seeks to quiet title against the new owner and mortgage holder, claiming the adverse possessor was not required to send the lis pendens to the previous owner since they did not have a valid address for the original owner.
Counter claim: The new owner claims the lis pendens is void since the adverse possessor did not mail the lis pendens to the address on the county assessor’s roll regardless of its validity.
Holding: A California court of appeals holds the lis pendens is void and the adverse possessor may not file a quiet title action to clear title of the new owner’s interest since the adverse possessor failed to mail the lis pendens to the previous owner’s address listed on the county assessor’s roll, whether or not the address was valid. [Carr v. Rosien____CA4th_____]
