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Back To: Real Estate, Personal, & Intellectual Property
What is a Lis Pendens?
A lis pendens is a Latin phrase when interpreted means litigation pending. It is documented burden that implies litigation is pending as it relates to an estate or interest in specific property. It is registered, so the seller doesnt transfer the property to a third party. So that the buyer gets jilted, and the seller avoids the buyers claim.
How Does a Lis Pendens Work?
A lis pendens is a recorded notification, which in U.S. law, indicates a lawsuit has been entered regarding real estate, which either involves a claimed ownership interest in the property or the title. Generally, the note gets filed in the land records office of the county. If court proceedings have an impact on a partys interest in lands, the countering party can register a lis pendens. Judicial oversight is not necessary for registering. It is solely institutional or administrative. After registration, the sale of the property to a third party who unfailingly needs a fresh title before the sale closure. Until the lis pendens is removed, any attempts by either the receiver or chargeholder to dispose of the property is completely impeded. When an involuntary lien gets imposed on property it is called a judgment lien. This applies to real estate. A lien is a claim or right on the property belonging to another party. When someone wins a lawsuit for monetary damages and has not been compensated yet, a judgment lien is created. To protect the interests of the seller, in all fairness, a bond has to be posted. With the lis pendens in effect, the owner most times is not permitted to mortgage or sell the property.
Related Topics
- Property Law (Intro)
- Tangible and Intangible property?
- Knowledge Capital
- Calculated Intangible Value
- Real and Personal Property?
- Chattel
- Littoral Land
- Fixtures?
- Appurtenance
- Readily Removable Fixtures
- What is ownership?
- Role of Government in ownership of property?
- Allodial System
- Role of property rights in economic activity?
- What are the limitations on property ownership rights?
- What is nuisance?
- What is Zoning?
- What is Eminent Domain?
- Just Compensation
- What is Property Taxation?
- Assessment Ratio
- Millage Rate
- Homeowners Association (HOA)
- Accession?
- Rule of First Possession?
- Lost or Mislaid Items?
- Adverse Possession?
- Encroachment
- Contracts?
- Gift?
- Confusion?
- Establishing and transferring ownership in real property?
- Absolute Title
- Warranty Deed
- Register of Deeds
- Conveyance
- What is a fee simple interest in real property?
- Absolute Interest
- Restrictive Covenant
- What is a life estate in real property?
- What is a leasehold estate in real property?
- What are common types of co-ownership relationships in real property?
- Owning Real Estate Personally vs as LLC
- What if Co-Owners of Real Estate Want Out
- Community Property and Separate Marital Property?
- What is an easement interest in real property?
- What is a license of real or personal property?
- Bundle of Rights
- Absorption Rate
- Fair Housing Act
- Federal Housing Administration (FHA)
- Housing and Urban Development (HUD)
- National Housing Act
- Design Build Contract
- Building Permits
- Certificate of Acceptance
- Construction Surety Bond
- Acquisition, Development, and Construction Loan (ADC)
- Flipping (Real Property)
- Buy, Strip, and Flip
- Homeowner Affordability and Stability Plan
- Building Residual Method
- Accessory Dwelling Unit
- Property Management
- Cost-Plus Contract
- Real Estate Investment Fund
- Listing Agreement
- Property Lawyers
- Multiple Listing Service
- Home Equity
- Register of Deeds
- Title Search
- Opinion of Title
- Certificate of Title
- Abstract of Title
- Chain of Title
- Clear Title
- Cloud on Title
- Defective Title
- Defect of Record
- Action to Quiet Title
- Abeyance
- Encumbrance
- Affidavit of Title
- Warranty of Title
- Title Insurance
- American Land Title Association (ALTA)
- Earnest Money
- Private Mortgage Insurance
- Closing (Property)
- Settlement Statement
- Real Estate Settlement Procedure Act (RESPA)
- HUD-1 Form
- Closing Statement
- Closing Costs
- Buying Real Estate as an LLC
- What is a mortgage?
- What are the Rights of a Mortgage Holder?
- Deed of Trust or Security Deed?
- Trust Deed
- Certificate of Release
- Judicial Foreclosure
- Lis Pendens
-
Deficiency Judgment
- Short Sale
- Homeowners Protection Act
- Deed in Lieu of Foreclosure
- Tax Deed
- Tenancy at Will
- Closed End Lease Definition
-
One Percent Rule
- Net Lease
- Triple Net Lease (NNN)
- True Lease Definition
- Land Lease Option
- Hell or High Water Contract
- Habendum Clause
- Attornment
- Implied Warranty of Habitability
- Emblements Definition
-
Co-Tenancy Clause
- What is a bailment?
- Consignment
- Unilateral-benefit and mutual benefit bailments?
