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Lis Pendens is one of the more important filings in a Will Contest or Fiduciary Litigation in North Carolina (NC). Lis Pendens roughly means litigation pending and puts persons on notice that the real estate involved in the estate, trust or fiduciary matter is part of a lawsuit.
The length of time a lis pendens lasts on a foreclosure action is subject to state law. In some states, a lis pendens can expire in just a few months, while in other states, like New York, a lis pendens has a life of three years. In New York, once a lis pendens expires, it cannot be filed again.
A notice of pendency lasts for a period three years, which a court may renew for good cause.
Recording a lis pendens in a specific performance case is an important step because in certain circumstances when the seller conveys title to a third party before the sale to the buyer is complete, the buyer will have the right to pursue the remedy of specific performance against the third party transferee.
A LIS PENDENS IS NOT A LAWSUIT A Lis Pendens is filed with the County Recorder in the county where the piece of property that the law suit involves is located. When any document is recorded with the County Recorder, it puts the world on notice of its contents.
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A lis pendens notice is a notice recorded in a real propertys chain of title and is designed to enable interested third parties to discover the existence and scope of pending litigation affecting the title to or asserting a mortgage, lien, security interest, or other interest in real property.
The doctrine of lis pendens literally means pending suit, and lis pendens notices are the machinery whereby a party with an unrecorded or unperfected claim to real property can put third persons interested in the property on notice of the claim or interest.
In United States law, a lis pendens (Latin for suit pending ) is a written notice that a lawsuit has been filed concerning real estate, involving either the title to the property or a claimed ownership interest in it.
The lis pendens (or notice of pending action) is filed with the clerk of the court, certified that it has been filed, and then recorded with the County Recorder.
A memorandum of lis pendens admitted to record in an action to enforce a zoning ordinance shall expire after 180 days.

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