What is a lis pendens on title?

What is a lis pendens on title?

Lis Pendens is the Latin phrase for pending litigation. The lis pendens, when recorded, is a notice warning all prospective buyers or encumbrances that title to or possession of the real estate is in dispute.

How is a notice of lis pendens recorded?

> A notice of lis pendens is ordinarily recorded without the intervention of the court where the action is pending > It is but an incident in an action, an extrajudicial one. It doesn’t affect the merits thereof.

What is the purpose and nature of lis pendens?

> Doctrine that refers to the jurisdiction, power or control which a court acquires over a property involved in a suit, pending the continuance of the action, until final judgment The purpose of lis pendens— o To protect the rights of the party causing the registration of the lis pendens

Is the purchaser pendent elite affected by the doctrine of notice?

> It is not correct to speak of it as part of the doctrine of notice, the purchaser pendent elite is affected not by notice but because the law doesn’t allow litigating parties to give to others, pending the litigation, rights to the property in dispute so as to prejudice the other party

What is the effect of a lis Penden?

Because lis pendens are typically recorded in the real property records, the effect of lis pendens is that it puts others on notice that there is a dispute concerning the real property. Anyone who purchases or takes an interest in the property after the lis pendens is of record takes their interest subject to the lis pendens.

When to use a lis pendens Purchase Notice?

For example, where there is a dispute about the enforceability of a letter of intent to acquire real estate, the prospective purchaser can add heft to its claim by using a lis pendens notice, provided that the purchaser is confident that it has a binding, but as yet unrealized, right to buy the property.

Can a lis Penden be filed in another state?

Further, in California, a lis pendens may not be filed pursuant to an action currently pending in another state’s state courts; this remains true even if the action pertains to real property within California. Formula Inc. v. Superior Court (2008) 168 Cal.App.4th 1455, 1463-1466.

What are the grounds for an expungement of lis pendens?

There are five grounds for lis pendens expungement. 1 – The Underlying Action Does Not Involve a Real Property Claim In order to expunge a recorded lis pendens, the court will first determine whether the action underlying the recording involves a claim to real property. See Code Civ. Proc. § 405.31.