If a Notice of Pendency is filed incorrectly, what action can be taken?

• A. A motion can be made to cancel it.
• B. It cannot be undone and remains.
• C. It automatically extends to 10 years.
• D. It requires a new court hearing to validate.

Answer: (C)

A Notice of Pendency (lis pendens) is a filing that puts the public on notice that there is a pending lawsuit affecting the title to real property. When such a notice is filed incorrectly, the rule described in this item provides an automatic extension of the pendency to ten years. This safeguards the protective effect of the notice, ensuring that the property remains encumbered while any filing defects are resolved and the case progresses. The idea is to prevent a clerical or technical error from erasing the notice too soon and to give the court and the parties ample time to correct the filing and move the case forward.