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 ?
The court of appeal determined that the proper method of measuring damages for wrongful Filing of a lis pendens is the difference between fair market value at the time of filing and at the time of termination, plus consequential damages including attorney's fees.
Thus, a modified lis pendens rule would have more attraction for courts in the United States.
To this response I would add only that the force of any general opposition to federal statutory lis pendens provisions is sapped by clever aspects of the ALI draft statute, according to which the judgment of a court that did not reciprocate by respecting a first-filed American action (that was not stayed or dismissed), or the proceedings in which were brought in order to frustrate adjudication in a more appropriate U.
7] The fiction is that a lis pendens is necessary to give notice to the world of the existence of a suit.
Judge Miller ordered that the lis pendens be expunged on January 23, 2013.
The three Broward County cities with the most Lis Pendens filings were Mirmar (102), Ft.
Lis pendens, or pre-foreclosure notices, also saw a significant drop-off, with such filings down 36 percent from January 2009, PropertyShark.
This bill amends the law relating to a notice of lis pendens to: permit property to be sold exempt from claims asserted in an action when the lis pendens has expired or been withdrawn or discharged; extend the time for a holder of an unrecorded interest to intervene in the action; simplify the information necessary for filing a valid lis pendens; and provide for the control and discharge of a lis pendens that no longer affects the property.
Bargain Network's report includes 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).
The number properties that received at least one lis pendens filing in August 2011 (981) saw a 34% decrease compared to August 2010 (1,490) and a 4% decrease compared to July 2011 (1,027)
But a lis pendens or ongoing litigation in itself does not halt a sale, he said.
The title report will raise any Lis Pendens of record against the property, which must be canceled once the lender receives the negotiated payoff funds.