One tool often utilized is the filing of a lis pendens, a Latin term meaning "suit pending." In Virginia, the lis pendens memorandum serves as a notice to prospective buyers, lenders, or interested parties that a property is subject to a claim involved in litigation.
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.
In Latin, the term lis pendens means pending litigation; it is a legal notice recorded for the public disclosure that a lawsuit is ongoing and claims a specific property. Such an action is called a “notice of pendency of action” under California Code of Civil Procedure § 405.2.
A notice of lis pendens must contain the following: a. The names of the parties. b. The date of the institution of the action, the date of the clerk's electronic receipt, or the case number of the action. c. The name of the court in which it is pending. d. A description of the property involved or to be affected. e.
(2) A notice of lis pendens is not effectual for any purpose beyond 1 year from the commencement of the action and will expire at that time, unless the relief sought is disclosed by the pending pleading to be founded on a duly recorded instrument or on a lien claimed under part I of chapter 713 against the property ...
A lis pendens is a common tool used in Florida to put third parties on notice of a pending lawsuit against real estate. If filed properly, a lis pendens protects the plaintiff in a lawsuit from any intervening liens on the property filed after the lis pendens.
A memorandum of lis pendens admitted to record in an action to enforce a zoning ordinance shall expire after 180 days.
One tool often utilized is the filing of a lis pendens, a Latin term meaning "suit pending." In Virginia, the lis pendens memorandum serves as a notice to prospective buyers, lenders, or interested parties that a property is subject to a claim involved in litigation.
The Lis Pendens List identifies pre-foreclosure properties as well as other properties involved in pending litigation. This valuable tool will help you: Provide clients with timely, accurate real property data. Identify and quickly assess foreclosure litigation opportunities.
Find the property's county. Search the county's property appraiser's website and note the current property owner's name(s), parcel number, and legal description. Check the county recorder's public record for any liens, judgments, or lis pendens attached to the property under the owner's name.