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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.
A Lis Pendens is a notice of litigation filed with the Recorder of Deeds to put third parties on constructive notice that a property interest is involved in pending litigation. Constructive notice means that people will be treated as if they had notice of the pending legal action.
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.
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.
Lis Pendens (Notice of Pending Action) Latin for "pending litigation or action." A notice recorded for the purpose of warning all persons that the title or right to possession of the described real property is in litigation.
A notice of pendency of action provides constructive notice to purchasers of real estate or encumbrancers of real property of any pending court actions affecting title to or possession of real property and allows those parties to find notice of pending litigation in the recorder's office in which the real property is ...
9 Lis pendens literally means "suit pending,"'" and under the common-law doctrine, one who obtained an interest in property that was the subject of litiga- tion took the property subject to the outcome of the litigation, even if the purchaser or lienor had no notice of the suit." All but a few states have ameliorated ...
A Lis Pendens Can be Removed, Foreclosed or ?Expunged?, Even if it was Validly Recorded. Under California law, a lis pendens may be expunged by filing a motion with the court based upon a showing that: the claimant has not made a real property claim in their underlying lawsuit, or.