lis pendens

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Related to lis pendens: Lis alibi pendens

Lis Pendens

[Latin, Pending lawsuit.] A reference to the jurisdiction (or control) that courts obtain over property in a suit awaiting action.

A notice filed in the office of public records that the ownership of real property is the subject of a legal controversy and that anyone who purchases it takes it subject to any claims asserted in the action and thereby its value might be diminished.

lis pendens

(lease pen-dense) n. Latin for "a suit pending," a written notice that a lawsuit has been filed which concerns the title to real property or some interest in that real property. The lis pendens (or notice of pending action) is filed with the clerk of the court, certified that it has been filed, and then recorded with the county recorder. This gives notice to the defendant who owns real estate that there is a claim on the property, and the recording informs the general public (and particularly anyone interested in buying or financing the property) that there is this potential claim against it. The lis pendens must include a legal description of the real property, and the lawsuit must involve the property. Otherwise, if there is a petition to remove the lis pendens from real property not involved in the lawsuit, the plaintiff who originally recorded a false lis pendens will be subject to payment of attorneys fees as a penalty. Example: Joe Plumbob provides work and materials to Smith's home, sues to enforce a mechanic's lien, but records a lis pendens describing three other properties owned by Smith; Plumbob can be penalized by court order.

lis pendens

noun filed notice, notice of an action, nooice of pending suit, notice of right, notice on file

LIS PENDENS. The pendancy of a suit; the time between which it is instituted and finally decided.
     2. It has been decided that the mere serving of a subpoena in chancery, unless a bill be also filed, is not a sufficient lis pendens, but the bill being filed, the lis pendens commences from the service of the subpoena, although that may not be returnable till the following term 1 Vern. 318; and after a decree, final in its nature, there remains no lis pendens. 1 Vern. 459.
     3. It is a general rule, that lis pendens is a general notice of an equity to all the world. 3 Atk. 343; 2 P. Wms. 282; Amb. 676; 1 Vern. 286. Vide 2 Fonb. Eq. 152, note; 1 Supp. to Ves. jr. 284; 3 Rawle, R. 14; Pow. Mortg. index, h.t.; 1 John. Ch. R. 566; 2 John. Ch. R. 158; 4 John. Ch. Rep. 83; 2 Rand. Rep. 93; 1 M'Cord, Ch. R. 264; Harp. Eq. R. 224; 1 Bibb, R. 314; 5 Ham. Rep. 462; 4 Cowen, R. 667; 1 Wend. R. 583; 1 Desaus. R. 167, 170; 2 Edw. R. 115; 1 Hogan, R. 69; 6 Har. & John. 21; 2 Dana, R. 480; Jac. R. 202; 1 Russ. & My. 617 Corn. Dig. Chancery, 4 C 3; 2 Bell's Com. 152, 5th ed.; 1 Bail. Eq. R. 479; 7 Dana, R. 110; 7 J. J. Marsh. 529; 1 Clarke, R. 560, 584; 14 Ohio, 109, 323.
     4. When a defendant is arrested pending a former suit or action, in which he was held to bail, he will not, in general, be held to bail, if the second suit be for the same cause of action. Grah. Pr. 98; Tro. & Hal. Pr. 44; 4 Yeates' R. 206. But under special circumstances, he may be held to bail twice, and of these circumstances the court will judge. 2 Miles, Rep. 99, 100, 142. See 14 John. R. 347. When such a second action is commenced, the first ought to be discontinued and the costs paid; but, it seems, it is sufficient if they are paid before the replication of nul tiel record to a plea of autre action pendant. in the second suit. Grah. Pr. 98; and see 1 John. Cas. 397; 7 Taunt. 151; 1 Marsh. R. 395; Merl. Rep. Litispendance; 5 Ohio R. 462; 6 Ohio R. 225; 1 Blackf. R. 53; Id. 315; Autre action pendent; Bail; Litigiosity.

References in periodicals archive ?
She said she filed the lis pendens on property at the Vizcaya project in September 2007 "to stop him from destroying the complete piece of property.
25) Nevertheless, it is arguable that, on the world stage, the narrow focus of the 'clearly inappropriate forum' test could assist in harmonising the concepts of lis pendens and forum non conveniens, (26) First, however, it is necessary to address in more detail the diverse approaches favoured by the civil and common law traditions in dealing with conflicts of jurisdiction.
Pasiulyme del reglamento pakeitimo teises normos, skirtos lis pendens reglamentuoti, papildytos nurodant, kad teismas, kuriame yra iskelta pirma byla, privalo per sesis menesius nustatyti, ar tikrai turi jurisdikcija nagrineti byla, isskyrus atvejus, kai del ypatingu aplinkybiu to neimanoma atlikti.
29) B filed a reformation suit and recorded a lis pendens that embraced his claim to the strip of land.
In October 2006, SFSC filed a motion to recover against FCD's lis pendens bond and sought to recover damages incurred as a result of the lis pendens.
147) The court found that filing the notice of lis pendens after the court had already dismissed the case was "a bad faith attempt to oppress the [d]efendants.
Ordinarily, the purpose of filing a lien of lis pendens in civil litigation is to put third parties on notice that the property is the subject of litigation, which effectively prevents the alienation of such property, although it is not technically a lien or a prejudgment attachment.
The trustee had already filed a Memorandum of Lis Pendens in the Circuit Court for the City of Hampton, VA against the Hampton property prior to filing the petition for recognition in the Bankruptcy Court.
courts confronted with problems of concurrent jurisdiction: lis pendens and forum non conveniens.
Bargain Network's report includes real estate properties in all three phases of foreclosure: Pre-foreclosures -- Notice of Default (NOD) and Lis Pendens (LIS); Foreclosures -- Notice of Trustee Sale and Notice of Foreclosure Sale (NTS and NFS); and Real Estate Owned, or REO properties (that have been foreclosed on and repurchased by a bank).
pdf     Lis Pendens Timeliness In this mortgage foreclosure dispute, the United States Court of Appeals for the Eighth Circuit certified question as to whether the lis pendens deadline in Minn.