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There is, however, this difference between the two that the rule of res judicata is concerned with more actions than one, whereas the doctrine of lis pendens is concerned with the very same suit during the benoency of which there is an alienation of the right title and interest of one of the parties thereto.
Primary tabs. In general, lis pendens is Latin for ?suit pending.? It is used in several contexts: ?Lis pendens? is construed to be the jurisdiction, power, or control which courts acquire over property involved in a suit, pending the continuance of the action, and until final judgment.
A lis pendens can only be filed if an action is pending. Additionally, the pending suit must involve real property, such as land and buildings. If these requirements are not met, the notice can be expunged.
Lis pendens are used most often in cases of divorce and foreclosure. For example, if a divorcing couple cannot agree on how to divide their interest in the marital home, one spouse may file a lis pendens in order to keep the other spouse from trying to sell the house until the divorce is settled.
Pendente lite should not be confused with lis pendens. Lis pendens also means "a pending lawsuit", but lis pendens is a document filed in the public records of the county where particular real property is located stating that a pending lawsuit may affect the title to the property.
The permission of the court should be taken if you want to sale the property but the other party will defend your application and seek injunction order against any sale or change of the status of the property in dispute and which is subject matter of the pending suit.
Lis Pendens is the Latin phrase for pending litigation. More commonly, a lis pendens is referred to as a ?notice of pending action.? Persons who buy or lend on the real estate after a lis pendens has been recorded take the property subject to the claimant's right, if any, to the real estate.