Pennsylvania Lis Pendens Notice in Connection with Action to Foreclose

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Multi-State
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US-01458BG
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Word; 
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Description

Lis pendens means "a suit pending". A lis pendens is a written notice that a lawsuit has been filed involving the title to real property or some interest in that real property. Notice to the defendant who owns the property and potential buyers or financiers is given by filing the lis pendens with the clerk of the court, certifying that it has been filed, and then recording it with the County Recorder. The lis pendens must include a legal description of the real property, and the lawsuit must involve the property.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

The lis pendens takes the form of a notice, which is a type of legal document that must contain the names of all the parties in the lawsuit and a description of the property affected by the action. (CCP § 405.20.) Once the notice includes this information, it must be signed.

How long does foreclosure take in PA? The PA foreclosure process can take anywhere from several months to over a year, depending on the specific circumstances and any legal challenge to the foreclosure filing. From the first missed payment, it takes 120 days before the bank can file a foreclosure.

A lis pendens effectively clouds the title to the property described in the notice and impedes a subsequent sale or encumbrance of the property until the litigation is resolved or the lis pendens is expunged. (Malcom v. Superior Court (Green) (1981) 29 Cal.

Literally meaning ?suit pending,? a lis pendens is public notice that a lawsuit relating to the ownership of a particular piece of property has been initiated. In Pennsylvania, a lis pendens may be both filed with the court and recorded in the office of the recorder of deeds of the county where the property is located.

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 ...

"Notice of pendency of action" or "notice" means a notice of the pendency of an action in which a real property claim is alleged. 405.3. "Probable validity," with respect to a real property claim, means that it is more likely than not that the claimant will obtain a judgment against the defendant on the claim.

A: In Pennsylvania, federal tax liens, municipal claims, mechanics' liens, and judgment liens may survive foreclosure, depending on the circumstances.

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.

As its translation indicates, the purpose of a lis pendens is to give notice to a third-person (typically a potential buyer) that a certain parcel of real estate is subject to a pending lawsuit and that any interest a buyer acquires in that real estate will be subject to the result of the pending legal action.

"lis pendens literally means a pending suit, and the doctrine of lis pendens has been defined as the jurisdiction, power, or control which a court acquires over property involved in a suit pending the continuance of the action, and until final judgment therein."

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Pennsylvania Lis Pendens Notice in Connection with Action to Foreclose