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    Legal & Title

    Lis Pendens

    SilverCrest EstatesThe SilverCrest Estates Team

    Definition

    A lis pendens is a formal notice recorded against a property to alert the public that a lawsuit affecting ownership or rights to that property is currently pending. It doesn't resolve anything on its own, but it effectively freezes the property's marketability, since most buyers and title insurance companies won't move forward on a purchase while one is on record. Foreclosure cases, boundary disputes, and partition lawsuits among co-owners commonly generate a lis pendens. For a homeowner, discovering one on your property, or on a property you're trying to buy, means the underlying legal dispute needs to be resolved, dismissed, or settled before a sale can realistically close.

    Example

    When Kevin's house went into foreclosure, a lis pendens was recorded as part of the court filing, putting the public on notice of the pending case against the property. He didn't realize it existed until months later when he decided to try selling the house himself to get ahead of the foreclosure. When he found a buyer, the title company ran a search and immediately flagged the lis pendens as an obstacle to closing on schedule. Kevin had to reach out to the foreclosing lender's attorney to understand exactly what needed to happen before the sale could move forward. The foreclosure case had to be formally resolved and the notice released before the title company would agree to insure the new owner's title. Once the lender agreed to accept the sale proceeds as full payoff, the case was dismissed and the lis pendens was released, letting the closing finally proceed.

    Frequently asked questions

    It's very difficult until the underlying lawsuit is resolved, dismissed, or settled, because most buyers can't obtain title insurance while a lis pendens remains active on the record.

    It's removed once the related lawsuit ends, whether through dismissal, settlement, or a final judgment, followed by a formally recorded release of the notice with the county.

    Yes, it's a recorded document and will appear during a title search, which is exactly how most buyers and title companies discover it before closing on a sale.

    No, it simply announces that a lawsuit affecting the property is underway. The outcome is still undecided, and the lis pendens itself doesn't determine who ultimately wins.

    In many states there's a legal process to challenge an improperly filed lis pendens, so if you believe one was recorded without a legitimate underlying claim, an attorney can help you seek its removal.

    It depends entirely on the underlying lawsuit, which can range from a few weeks for a straightforward dismissal to many months for a contested case that goes to trial.

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