A lis pendens is a legal notice indicating that a lawsuit has been filed concerning a specific property. The term, which means "suit pending" in Latin, signifies that someone has a claim against the property or its owner, whether that claim is valid or not. When a lis pendens is released, it means that the notice has been canceled, effectively removing the claim or lien from the public record.
Lis pendens is commonly used in civil law, particularly in real estate disputes. It serves as a warning to potential buyers or financiers that there is an ongoing legal action related to the property. This notice can affect property transactions and financing options. Users can manage the release of a lis pendens through legal forms available on platforms like US Legal Forms, which provide templates drafted by attorneys.
Here are a couple of examples of abatement:
Example 1: A homeowner is involved in a legal dispute with a contractor over unpaid work. The contractor files a lis pendens on the property to secure their claim until the case is resolved.
Example 2: A property owner successfully settles the dispute and files a release of lis pendens, removing the claim from the public record. (hypothetical example)
| State | Lis Pendens Process |
|---|---|
| California | Requires filing with the county recorder's office; specific forms must be used. |
| Florida | Must include a legal description of the property; can be challenged in court. |
| New York | Lis pendens must be filed in the county where the property is located; must be served to the property owner. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Difference |
|---|---|---|
| Lis Pendens | A notice of pending litigation regarding a property. | Indicates a claim but does not determine its validity. |
| Judgment Lien | A claim against a property resulting from a court judgment. | Indicates a confirmed debt, unlike lis pendens. |
| Mechanic's Lien | A claim against a property for unpaid work or materials. | Specific to construction and repair claims, while lis pendens is broader. |
If you are involved in a property dispute and a lis pendens has been filed, consider the following steps:
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A lis pendens is a notice that a lawsuit has been filed regarding a specific property, indicating a claim against it.