Filing Lis Pendens In South Carolina In King
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The literal translation of Lis Pendens is “suit pending.” It is also sometimes referred to as a “Notice of Pendency of Action.” As the name suggests, the purpose is to let others know that there is an active lawsuit.
In the case of a foreclosure, a Lis Pendens serves as a legal warning that a lawsuit has been filed and more importantly, it discourages a lender from completing the foreclosure because if its lien is ruled invalid or a qualified purchaser at the foreclosure auction have a sale reversed, the number of prospective ...
When the summons is published or served as above provided the notice of the pendency of the action shall constitute notice for only five years from the date of the filing of such notice, and, in order to provide constructive notice to a purchaser or encumbrancer of the property affected thereby after such five-year ...
SOUTH CAROLINA Final judgments create a lien upon real estate for a period of ten years. S.C. Code Ann. § 15-35-810.
If you have won a civil lawsuit in South Carolina, your judgment will be valid for 10 years from the date the judgment is entered. However, if you have won a lawsuit in a court outside of South Carolina, you must “domesticate” the judgment.
A Lis Pendens creates a “cloud” on the property's title, making it difficult to transfer ownership. Sellers facing this issue may need to negotiate a settlement, obtain a court order to remove the Lis Pendens, or provide legal assurances to the buyer before closing.
The suit or proceeding must be pending before a competent court of jurisdiction. A right to immovable property is directly or specifically involved in the suit. The suit or proceeding must not be collusive. The property in dispute must be transferred or otherwise dealt with by any party to suit.
If filed more than 20 days before the filing of the complaint, the lis pendens is automatically invalid. Service of the lis pendens must be made within 60 days after the date of its filing or it will be rendered invalid.
If someone has filed a Lis Pendens notice (which alerts others that there is a pending lawsuit involving a property), any party involved in the lawsuit can: Ask the court to remove the notice (e.g. Motion to Expunge). Notify all affected parties at least 20 days before the court hearing.
