The term "pendency of the action" refers to the period during which a legal action is ongoing. This means that the case is still in progress and has not yet reached a resolution. A lis pendens notice is often filed to inform interested parties that a lawsuit is affecting the title or ownership of a property, signaling that there is an unresolved legal claim related to it.
Pendency of the action is commonly used in civil law, particularly in property disputes and real estate transactions. It serves as a warning to potential buyers or lenders that a lawsuit may impact the ownership of the property in question. Users can manage related legal documents through resources like US Legal Forms, which provide templates for filing a lis pendens notice or other necessary forms.
Here are a couple of examples of abatement:
Example 1: A homeowner files a lawsuit against a contractor for breach of contract. During the case, the homeowner files a lis pendens notice to inform potential buyers that the property is involved in litigation.
Example 2: A business partner sues another partner for mismanagement of funds. A lis pendens is filed to alert others that the business's assets may be subject to the outcome of the lawsuit. (hypothetical example)
| State | Lis Pendens Requirements |
|---|---|
| California | Requires a notice to be filed with the county recorder. |
| Florida | Must include specific information about the case and property. |
| New York | Lis pendens must be filed in the county where the property is located. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition |
|---|---|
| Lis Pendens | A notice indicating that a legal action is pending regarding a property. |
| Judgment | A final decision made by a court regarding the rights and liabilities of the parties involved. |
| Injunction | A court order requiring a party to do or refrain from doing a specific act. |
If you find yourself involved in a legal action affecting property, consider the following steps:
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| Attribute | Details |
|---|---|
| Typical Fees | Varies by state; filing fees may apply. |
| Jurisdiction | State courts where the action is filed. |
| Possible Penalties | Failure to file a lis pendens may result in loss of rights to claim against the property. |
A lis pendens is a legal notice that a lawsuit has been filed concerning a specific property, indicating that the outcome may affect the title or ownership.