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, most laws specify that the property owner must assume any litigation associated with it.
What is a lis pendens notice?
Lis pendens is a notice that a property has a claim against it backed by a pending lawsuit. The notice must be filed with the Clerk of Court for the county you live in and is recorded in the county real estate records. A lawsuit must be pending before the notice can be filed and served.
Who uses lis pendens?
Lis pendens is almost always used by lenders who have filed a notice of default on a delinquent borrower. Banks use the procedure to notify the public that a property is in foreclosure. Other creditors whose debt is secured by property can also foreclose on a property.
