Is a lis pendens a lawsuit?
Is a lis pendens a lawsuit?
A LIS PENDENS IS NOT A LAWSUIT When any document is recorded with the County Recorder, it puts the world on notice of its contents. A Lis Pendens is also filed in the court where the action it refers to is pending.
What does it mean to file a lis Penden?
A lis pendens is an official, public notice that a property has a pending lawsuit or claim attached to it. Lis pendens can only be filed if a claim is related specifically to the property; however,…
When to file a lis pendens notice for real estate?
The requirements of filing a lis pendens notice vary by state statute, but a plaintiff will file a lis pendens notice when they file a lawsuit that contains a real estate related claim. The real estate claim will typically assert a financial interest in a property or ownership rights to real estate owned by another person.
When to expunge a lis pendens in a lawsuit?
Expungement is appropriate when the lawsuit does not plead a real property claim or when claimant has not established by a preponderance of the evidence the probable validity of the real property claim. 4. An undertaking (bond) may also take the place of the lis pendens if a court so rules.
Can a lis Penden be recorded with the county recorder?
A lis pendens cannot be recorded with the county recorder for just any lawsuit in which some underlying event relates to the real property. A lis pendens may be filed when the lawsuit is asking for relief that is directly related to that real property.
When is it appropriate to file a lis pendens?
There are many misunderstandings about when a lis pendens (or Notice of Pending Action) is appropriate. Here are a few things to remember: 1. A lis pendens can only be filed and recorded in conjunction with a lawsuit.
Can a real estate owner challenge a lis pendens notice?
The owner of a piece of real estate can challenge a lis pendens notice where they believe it is improper. The homeowner must show that the lis pendens does not actually involve a real estate claim.
Expungement is appropriate when the lawsuit does not plead a real property claim or when claimant has not established by a preponderance of the evidence the probable validity of the real property claim. 4. An undertaking (bond) may also take the place of the lis pendens if a court so rules.
Can a person Sue you for lis pendens?
Any one of these situations could result in someone (such as the lender or your former spouse) suing you — in effect placing what’s known as a “lis pendens” on your home.