Define: Lis Pendens

Lis pendens is a Latin term that translates to “pending litigation” and refers to a legal notice filed with the court to inform potential buyers or creditors that a property is the subject of ongoing legal proceedings. The lis pendens notice serves as a warning to interested parties that any subsequent transactions involving the property may be subject to the outcome of the pending litigation. It is typically recorded in the public records where the property is located and can affect the marketability and transferability of the property until the legal dispute is resolved. Lis pendens is commonly used in real estate disputes, such as disputes over ownership, foreclosure proceedings, or boundary disputes, to protect the interests of parties involved in the litigation and prevent fraudulent transactions involving the property.

Lis pendens is Latin for “suit pending.” This may refer to any pending lawsuit or to a specific situation with a public notice of litigation that has been recorded in the same location where the title of real property has been recorded. This notice secures a plaintiff’s claim on the property so that the sale, mortgage, or encumbrance of the property will not diminish the plaintiff’s rights to the property, should the plaintiff prevail in its case. In some jurisdictions, when it is properly recorded, Lis pendens is considered constructive notice to the other litigants or other unrecorded or subordinate lienholders. Sometimes abbreviated as “lis pend”.

A foreclosure will wipe out a lis pendens.

A written notice that a lawsuit has been filed concerning real estate, involving either the title to the property or a claimed ownership interest in it. The notice is usually filed in the county land records office. Recording a lis pendens against a piece of property alerts a potential purchaser or lender that the property’s title is in question, which makes the property less attractive to a buyer or lender. After the notice is filed, anyone who nevertheless purchases the land or property described in the notice takes subject to the ultimate decision of the lawsuit.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March 2024.