seller backing out of short sale

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techdirector

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My jurisdiction is: Ca

Hi,
New to the forums here.. anyway here is my headache. We were just days away from closing on our house(had even signed all of the loan docs) when the seller got cold feet when he realized that he would have to pay taxes on the difference from our sale price and what he owed the bank. He sought the advice of a bankruptcy attorney and told the escrow company/ or agent that he would not be signing the remaining forms or deed. We have given him a petition to perform in 24 hours.. but what else can I do?
I can't afford a lawyer so I thought I'd tried to file lis pendens against him with the suit being small claims case asking for damages if he doesn't perform.
Question 1. Can I file a lis pendens with a small claim?
question 2. Is there a specific form for lis pendens or a certain form that it has to follow?

Thanks in advance,
 
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