Lis Pendens

Lis Pendens

A Lis Pendens is a legal notice indicating that a lawsuit has been filed concerning a specific property. This notice serves as a warning to potential buyers or financiers that the property is subject to litigation, which may affect the ownership or rights associated with it.

When a Lis Pendens is filed, it is typically recorded in the public records of the county where the property is located. This ensures that anyone conducting a title search will be aware that there is an ongoing legal dispute involving the property. The primary purpose of a Lis Pendens is to protect the interests of the plaintiff by preventing the property from being sold or mortgaged until the resolution of the lawsuit.

For example, if a homeowner is in a dispute with a contractor over alleged breach of contract for renovations, the homeowner may file a Lis Pendens to prevent the contractor from selling the property while the case is pending. This notice ensures that any potential buyer or lender understands that the property is not free and clear of legal claims.

In conclusion, a Lis Pendens is a crucial tool in real estate law that preserves the rights of parties involved in litigation concerning property and informs third parties of the potential legal encumbrance.