§ 405.60.Notice and Information Recorded Deemed Not to Constitute Actual Or Constructive Notice
Title 4.5. Recording Notice of Certain Actions · Chapter 5. Effect of Withdrawal or Expungement of Notice · Enacted 1992 · no amendments on record · Last verified July 28, 2026
Full Text of § 405.60
Plain-English Summary
This section erases the notice's effect on title once it is gone. After withdrawal under § 405.50, or once a certified copy of an order expunging the notice is recorded, the notice -- and anything derived from it -- stops constituting actual or constructive notice of the matters it claimed, alleged, or contended, and it stops creating any duty for a later party dealing with the property to inquire further.
That effect lasts only until a certified copy of the judgment or decree in the underlying action is recorded. Until then, someone examining title after a withdrawal or expungement can treat the property as if the notice, and the dispute it announced, never put them on notice at all.
Frequently Asked Questions
Does a withdrawn or expunged lis pendens still affect title to the property?
No. Under § 405.60, once withdrawn or expunged, the notice no longer constitutes actual or constructive notice of the matters it addressed, and creates no duty to inquire further.
Does the protection in Section 405.60 last forever?
No. It lasts only until a certified copy of the judgment or decree in the action is recorded; recording that judgment can revive the notice's practical significance to title.
Amendment History
Added by Stats. 1992, Ch. 883, Sec. 2. Effective January 1, 1993.