Lis pendens 2025

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The literal translation of Lis Pendens is suit pending. It is also sometimes referred to as a Notice of Pendency of Action. As the name suggests, the purpose is to let others know that there is an active lawsuit.
A Lis Pendens Can be Removed, Foreclosed or Expunged, Even if it was Validly Recorded the claimant has not made a real property claim in their underlying lawsuit, or. the court determines that the claimants interest in the subject real property may be adequately protected by the posting of an undertaking, or bond. [5]
Examples of when a lis pendens may be legally filed, include partnership disputes where the partnership owns property that is in dispute, or any business dispute (such as the breakup of any business) where owners or former owners have competing claims to the property.
Short Answer: After filing a lis pendens, property sales may stall due to legal disputes impacting the title. Misfiling can result in sanctions or slander of title damages. Removal involves court-ordered expungement or voluntary discharge.
The titleholder can sell a property and transfer the deed to someone else while subject to a lis pendens. However, most title companies will not provide insurance for homes with a lis pendens, and closing agents may close with the lien being bonded.

Key Facts About the Notice of Lis Pendens Form

Legal Basis

Purpose of the Document

Plaintiff's Assertion

Property Identification

Relief Sought

Signature Requirement

Legal Basis

The form is based on A.R.S. § 12-1191, which outlines the requirements for filing a Notice of Lis Pendens in Arizona.

Purpose of the Document

The Notice of Lis Pendens serves to inform interested parties that a legal action has been initiated regarding a specific property.

Plaintiff's Assertion

The Plaintiff must assert that the Defendant may have an interest in the property that could be affected by the court's judgment.

Property Identification

The form requires specific details about the property in question, including its address and legal description.

Relief Sought

The Plaintiff must specify the relief they are seeking from the court in relation to the property.

Signature Requirement

The document must be signed by the Plaintiff or their attorney to be valid.

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