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Lis Pendens: A Comprehensive Guide to Its Legal Definition and Impact
Definition & Meaning
Lis pendens is a legal term meaning "a suit pending." It refers to a formal notice that a lawsuit has been initiated concerning the title or an interest in real property. This notice is filed with the court clerk and recorded with the County Recorder to inform the property owner, potential buyers, and financiers about the ongoing legal action. The notice must include a legal description of the property involved in the lawsuit. If someone files a false lis pendens, they may be required to pay the attorney's fees of the affected parties.
Table of content
Legal Use & context
Lis pendens is primarily used in real estate law. It serves as a warning to potential buyers that the property is subject to litigation, which may affect their ownership rights. This term is relevant in civil legal contexts, particularly in cases involving property disputes, foreclosure actions, or claims against property titles. Users can manage related forms and procedures through resources like US Legal Forms, which provides templates drafted by qualified attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A homeowner files a lawsuit against a contractor for breach of contract related to renovations. The contractor files a lis pendens to prevent the homeowner from selling the property until the lawsuit is resolved.
Example 2: A bank files a lis pendens on a property involved in a foreclosure process, notifying potential buyers that the property is under litigation. (hypothetical example)
State-by-state differences
State
Lis Pendens Filing Requirements
California
Requires a declaration of the nature of the action and the property description.
Florida
Must include the case number and be signed by an attorney or the party filing.
New York
Requires filing with the county clerk and must be indexed against the property.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Difference
Notice of lis pendens
A formal notice indicating a pending lawsuit involving property.
Specific to real property; serves to inform parties of litigation.
Quiet title action
A lawsuit to establish clear ownership of property.
Focuses on resolving disputes over property ownership rather than merely notifying of pending litigation.
Common misunderstandings
What to do if this term applies to you
If you receive notice of a lis pendens, consider the following steps:
Consult with a legal professional to understand your rights and options.
If you are involved in the lawsuit, gather all relevant documentation.
Explore US Legal Forms for templates that may assist you in responding or managing the situation.
If the property is not involved in the lawsuit, you may file a petition to remove the lis pendens.
Find the legal form that fits your case
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