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A lis pendens effectively clouds the title to the property described in the notice and impedes a subsequent sale or encumbrance of the property until the litigation is resolved or the lis pendens is expunged.
What is the effect of a lis pendens on title?
The suit or proceeding must be pending before a competent court of jurisdiction. A right to immovable property is directly or specifically involved in the suit. The suit or proceeding must not be collusive. The property in dispute must be transferred or otherwise dealt with by any party to suit.
What is the purpose of a lis pendens notice?
Lis Pendens is essentially a red flag for anyone interested in a property. It signals that unresolved legal issues surround the property, such as disputes over ownership or claims against its title.
What is the purpose of a Lis Pendens notice?
Lis pendens are used most often in cases of divorce and foreclosure. For example, if a divorcing couple cannot agree on how to divide their interest in the marital home, one spouse may file a lis pendens in order to keep the other spouse from trying to sell the house until the divorce is settled.
What are the consequences of lis pendens?
The consequence of the filing and recordation of a lis pendens clouds the title and prevents the sale of the property until the litigation is resolved or expunged. This is because the filing of the lis pendens binds any subsequent owner to the outcome of the litigation.
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A notice of pendency of action may not be recorded unless it is signed by the attorney of record, or is signed by a self-represented litigant and approved by a
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