Pennsylvania Lis Pendens Form With Two Points In Santa Clara
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If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
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FAQ
When a lis pendens is filed, any future transfers of the property are affected by the pending action if it were to be awarded. A lis pendens puts a “cloud” on the title. It doesn't prevent you from selling your home, but it does make the title uncertain, which could affect your ability to sell.
Examples of when a lis pendens may be legally filed, include partnership disputes where the partnership owns property that is in dispute, or any business dispute (such as the breakup of any business) where owners or former owners have competing claims to the property.
The doctrine requires more than a mere allegation of a pending suit; it requires proof the prior case is the same, the parties are substantially the same, and the relief requested is the same. This three-pronged identity test must be strictly applied when a party seeks to dismiss a claim under the doctrine.
The complete Original Notice of Lis Pendens, along with the court order approving the Notice, and a Proof of Service by certified mail of the Notice, needs to be recorded by the County Recorder's office. The fastest method of recording is still electronically.
The importance of Lis Pendens in real estate cannot be overstated. It safeguards claimants (those asserting a legal right to the property) by preventing sales or transfers that could undermine their claims. For buyers and lenders, it provides transparency, ensuring they have all the facts before making decisions.
Common Legal Grounds for Lis Pendens We typically see lis pendens recorded in several types of cases, including: quiet title, specific performance, easement cases, partition, adverse possession, wrongful eviction, and several other types of real property claims.
Lis Pendens warns all parties that any interests they might acquire in the property are subject to ongoing legal action. This common law doctrine ensures that no one can claim ignorance of the dispute after the constructive notice has been properly filed.
In Pennsylvania, a Lis Pendens notice is a formal announcement that a pending lawsuit exists that may affect the title or claim to a piece of real estate. This notice of a pending legal action is filed in the public records, warning potential buyers that the property is involved in pending litigation.
After the action is resolved, the attorney for the plaintiff should file a praecipe to remove the lis pendens and resulting cloud on title. Note that if a defendant believes a lis pendens has been filed improperly, it may make a motion with the court to have it stricken.
Lis pendens is a formal notice that there is a pending action, or lawsuit, that could affect the title of the property. However, it serves an even bigger purpose. When a lis pendens is filed, any future transfers of the property are affected by the pending action if it were to be awarded.
