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"A person who acts as his own attorney has a fool for a client." This is an old saying. A notice of lis pendens means that somebody has filed, or is about to file, a lawsuit that will affect your property, and unless you want to defend yourself, yes you should. Now it is always "possible" that the notice was filed erroneously, meaning it was supposed to be against some other property but by some kind of mistake was filed against yours -- you could take the risk but if you think there's something to the matter again, yes you should. If it was a total mistake and you are absolutely sure (are you?), you might contact the people who filed it and suggest it was a mistake, but if you get served with a lawsuit....what then?
What else can I help you with?
What is lis pendens?
Lis pendens is the Latin term meaning "suit pending." A lis pendens is a notice filed in the office of land records by the plaintiff that the ownership of real property is the subject of a legal controversy. Anyone who purchases the property takes it subject to any claims asserted in the action. This notice secures a plaintiff's claim on the property so that the sale, mortgage, or encumbrance of the property will not diminish plaintiff's rights to the property, should plaintiff prevail in its case. For a discussion of lis pendens see the link provided below.
What is a pendens?
Lis pendens is the Latin term meaning "suit pending." A lis pendens is a notice filed in the office of land records by the plaintiff that the ownership of real property is the subject of a legal controversy. Anyone who purchases the property takes it subject to any claims asserted in the action. This notice secures a plaintiff's claim on the property so that the sale, mortgage, or encumbrance of the property will not diminish plaintiff's rights to the property, should plaintiff prevail in its case. For a discussion of lis pendens see the link provided below.
What is a release of lis pendens?
Lis pendens is the Latin term meaning "suit pending." A lis pendens is a notice filed in the office of land records by the plaintiff that the ownership of real property is the subject of a legal controversy. Anyone who purchases the property takes it subject to any claims asserted in the action. This notice secures a plaintiff's claim on the property so that the sale, mortgage, or encumbrance of the property will not diminish plaintiff's rights to the property, should plaintiff prevail in its case. For a discussion of lis pendens see the link provided below.
How t o respond to a Notice of Lis Pendens?
You don't answer the lis pendens. You will answer the summons and complaint that the lis pendens is referencing. (Remember that the purpose of a lis pendens is to notify anyone whom it may concern that a lawsuit is pending which affects title to real property.) I strongly recommend you consult with an real estate attorney if you have received a lis pendens or know that one is recorded against your property. Relevant links are below.
Where should you file a lis pendens?
The lis pendens is filed in the same court where the underlying lawsuit is filed. Once filed at the court, a certified copy of the lis pendens can be recorded in the county where the property at issue is located.
Can a lis pendens prevent a buyer of a property to enter the premises?
That depends on the underlying action. The lis pendens is a notice of a lawsuit that affects the land. You should check the court listed in the lis pendens and review the file.
Should you file a Quiet Title Action or a Lis Pendens?
Those are not either/or legal terms. A lis pendens is a notice to the world that a lawsuit is pending, such as a quiet title action, that affects the title to real estate. You file the quiet title action and record a lis pendens in the land records to let any future buyers know that you have a claim against the real estate. The practices vary in different states so you should consult with an attorney in your state.
What if there is a lis pendens on a preliminary title report?
That means that a lawsuit is pending that affects title to the property you are buying. Depending on the result of the lawsuit, your rights in the property could be in jeopardy. Talk with a real estate attorney before moving forward to the sale--under no circumstances should you proceed without an attorney's advise.
What does a voluntary dismissal without prejudice lis pendens?
It is a notice that the complaint has been dismissed at the request of the plaintiff, and the notice of lis pendens, which is a notice filed in the place where deeds are recorded showing that the property may be seized to pay the debt, is also null and void. If the plaintiff has not recorded the order of dismissal, the owner of the property should file it where the deed and lis pendens was recorded.
What is K½CO¾?
Lis pendens is the Latin term meaning "suit pending." A lis pendens is a notice filed in the office of land records by the plaintiff that the ownership of real property is the subject of a legal controversy. Anyone who purchases the property takes it subject to any claims asserted in the action. This notice secures a plaintiff's claim on the property so that the sale, mortgage, or encumbrance of the property will not diminish plaintiff's rights to the property, should plaintiff prevail in its case. For a discussion of lis pendens see the link provided below.
Should you destroy files that might be used in a pending lawsuit against the company?
YEs
Should you close on a new house that has a les penden?
Of course not. A lis pendens is a notice to you that there is a lawsuit pending that may affect the title to the real estate. It's a legal notice that there may be a BIG problem on the horizon. Your lawyer should have stopped the closing immediately until the matter is resolved.
