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The lis pendens puts the public on notice that a lawsuit is pending and clouds the title so the property can't easily be sold. If you've received a lis pendens after missing a few mortgage payments, time is up and you will need to take action soon to avoid a foreclosure.
A lis pendens is an essential tool that provides notice of pending litigation involving a claim that affects title to real estate. It allows for a fair and transparent legal process by ensuring that potential buyers are aware of any pending litigation and the potential implications for title to the real estate.
Under the Texas Property Code, lis pendens notices are only authorized when there is an underlying lawsuit on file that makes a claim involving: (1) title to the real property; (2) the establishment of an interest in the real property; or (3) enforcement of an encumbrance (e.g., a lien) against the real property.
Per the Colorado statute authorizing the recording of a notice of lis pendens, the recorded document ?shall be notice to any person thereafter acquiring ? an interest in the real property described in the notice ? that such interest ? may be affected by the action described in the notice.?
A lis pendens is the first filing made during the foreclosure process. Barron's Dictionary of Real Estate Terms defines Lis Pendens as Latin for "suit pending". Lis Pendens filings are made against properties for various reasons.
A ?lis pendens notice? is a notice recorded in a real property's chain of title and is designed to enable interested third parties to discover the existence and scope of pending litigation affecting the title to or asserting a mortgage, lien, security interest, or other interest in real property.
Lis pendens provides constructive notice, or a warning, to prospective homebuyers that the ownership of a property is in dispute and litigation is pending. Lis pendens can only be filed if a claim is related specifically to the property.