Filing an Effective Lis Pendens
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Avoid unwanted pitfalls and understand how a lis pendens can help or hinder your real estate transactions.The filing of a lis pendens is a crucial component in the enforcement of any legal action against real property. It provides notice to future purchasers or lienors of property, that a lawsuit has been filed which could affect the title to subject property. The law mandates certain requirements for a lis pendens to be valid and enforceable. Unfortunately, the doctrine of lis pendens and its impact is often misunderstood by parties to a real estate transaction, lienholders, and their counsel. This topic will provide attendees with what they need to walk away with a solid understanding of the requirements for an effective lis pendens, including but not limited to, the content of the notice, the time period for which it is effective, when a lis pendens may be used, and the benefits and consequences of a lis pendens being in litigation. Owners, lienholders and those holding unrecorded interest in real property will be able to understand how a lis pendens can help or hinder their real estate transactions and ultimately help avoid unwanted pitfalls.
AuthorsMya M. Hatchette, Esq., Winderweedle, Haines, Ward & Woodman, P.A.
Lauren M. Reynolds, Winderweedle, Haines, Ward & Woodman, P.A.
• Basics of Lis Pendens
• Origins of Doctrine
Requirements for Lis Pendens
• Filing and Notice
• Time Frame
When Do I Need a Lis Pendens?
• Actions in Which It Applies
• Actions in Which It Does Not Apply
Termination of Lis Pendens
• Purposeful Discharge
Impact of a Lis Pendens
Lis Pendens Best Practices
Common Issues That Arise With Third Party Rights and Best Practices to Resolve These Issues
Curing Title Through Litigation