Liens & Encumbrances

Lis Pendens

A recorded notice that a lawsuit involving real property is pending, alerting potential buyers or lenders of the legal dispute.


Definition

A lis pendens (Latin for 'pending lawsuit') is filed in the county clerk's office to give constructive notice that a legal action affecting title to a property is underway. Anyone who purchases or lends against the property after a lis pendens is filed takes the property subject to the outcome of the lawsuit. Common situations include foreclosure actions, divorce proceedings involving property division, and boundary disputes. The lis pendens is removed when the lawsuit is resolved.

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