This Notice of Lis Pendens form is for use by an individual laborer, materialman or architect entitled, or who may become entitled, to a lien under M.S.A. § 85-7-403, et seq., to provide notice that a civil action has been commenced in a particular court, and lists the names of the parties involved, the nature and object of the action, and the location and legal description of the real property affected by the action. The Notice shall, from the time of the recording be notice both of the lien and of the pendency of the action to the owner and all other persons interested, all of whom shall be bound thereby.
Mississippi Notice of Lis Pendens - Individual
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Be in substantial compliance with the contract or purchase order; File claim of lien within 90 days; Include in the lien a statement of amount due and due date of the claim; Notice the filing of claim of lien within 2 days to contractor and owner;
The doctrine of lis pendens literally means pending suit, and lis pendens notices are the machinery whereby a party with an unrecorded or unperfected claim to real property can put third persons interested in the property on notice of the claim or interest.
The lis pendens can be removed once the lawsuit is settled and the court has ruled on an outcome. It might also be resolved on its own if an agreement is reached between the title owner and whoever filed the complaint. If the claim was wrongfully filed, the lis pendens will be expunged.
Lis pendens provides constructive notice, or a warning, to prospective homebuyers that the ownership of a property is in dispute and there is litigation pending. Lis pendens can only be filed if a claim is related specifically to the property.
The recording of a lis pendens creates a cloud on title which notifies interested parties of the pending claims against the subject property. The presence of a recorded lis pendens can make it nearly impossible to finance, refinance or sell the subject property until the lis pendens has been removed.