Get Lis Pendens

Because lis pendens are typically recorded in the real property records, the effect of lis pendens is that it puts others on notice that there is a dispute concerning the real property.

Lis pendens and foreclosure If you can't make mortgage payments on your house, then your lender can seize your home. This is known as foreclosure. ... Once the lis pendens is filed, it will become part of the public record because it is a constructive notice.

A lis pendens may be removed through a motion to expunge. A motion to expunge may be granted if the underlying lawsuit or other court action does not contain a real property claim that has probable validity. The motion will be granted it if is more likely than not that the underlying lawsuit or claim will fail.

The doctrine of lis pendens literally means pending suit, and lis pendens notices are the machinery whereby a party with an unrecorded or unperfected claim to real property can put third persons interested in the property on notice of the claim or interest.

Lis pendens and foreclosure This is known as foreclosure. Depending on the states foreclosure process, the lender will file either a notice of default or a lis pendens. Once the lis pendens is filed, it will become part of the public record because it is a constructive notice.

Lis Pendens is Latin for "Suit Pending". It means someone has a claim, valid or not against the property in question or its owner, and filed a notice in the public records. Release means there is a cancellation which has been filed, cancelling or negating the lien or lis pendens notice.

A notice of lis pendens indicates that a civil action is pending that pertains to the title to real property, the establishment of an interest in real property, or enforcement of an encumbrance against real property (Prop. Code §12.007(a)).

Lenders are usually unwilling to finance a mortgage until the lis pendens has been removed from the title. In addition, while a property can still be sold while there is a lis pendens, title companies will not insure the property, and that alone should be a deterrent to purchasing.