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What is lis pendens used for?

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.

What is lis pendens mean in South Carolina?

1928) 147 S.C. 259, 145 S.E. 113. 4. Operation and effect of noticeIn general. Lis pendens notifies potential purchasers that there is pending litigation that may affect their title to real property and that the purchaser will take subject to the judgment, without any substantive rights.

When would a lis pendens note be used?

A lis pendens is often filed in divorce cases where the distribution of real estate properties has not been settled. It is particularly common in cases where a property is listed in the name of one spouse, and the other spouse seeks a portion of the asset.

How may a notice of lis pendens be Cancelled?

Cancellation of lis pendens Before final judgment, a notice of lis pendens may be cancelled upon order of the court, after proper showing that the notice is for the purpose of molesting the adverse party, or that it is not necessary to protect the rights of the party who caused it to be registered.

What is a lis pendens in Colorado?

Think of a lis pendens as a restatement of the filed papers in the lawsuit to which it is providing notice. It is nothing more than that. Without a lawsuit affecting title to real property, you shall not file a lis pendens.

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