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What is the effect of a lis pendens?

A notice of pendency (also known as a lis pendens ) is a written notice of a judicial proceeding that affects the ownership of property. A notice of pendency is most common in cases relating to real property and is typically filed in the public registry of the county where the affected real property is located.

What does a lis pendens indicate?

The literal transaltion of the Latin word lis is suit, or lawsuit. Pendens translates as pending, so lis pendens means pending lawsuit or lawsuit pending.

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 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.