South Dakota Release of Lis Pendens
Description
Form popularity
FAQ
Latin for "a suit pending," a written notice that a lawsuit has been filed which concerns the title to real property or some interest in that real property. The lis pendens (or notice of pending action) is filed with the clerk of the court, certified that it has been filed, and then recorded with the County Recorder.
What does a lis pendens do. The effect of a lis pendens, whether of right or garden variety, is to notify prospective buyers of a claim against property in a pending lawsuit. The lis pendens also protects the claimant from losing their right to the property to a subsequent purchaser.
Per I.C. 32-30-1-1, a lis pendens notice is a public record and is filed with the Clerk of the Circuit Court of a county in which the affected real estate is located. The Clerk is required to maintain a lis pendens record in either hard copy form or electronic form.
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 an official notice to the public that a lawsuit involving a claim on a property has been filed. Lis pendens is connected to the concept that a property buyer must assume any litigation that exists pertaining to the property.
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 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 notice of pendency (also known as a lis pendens) is a written notice of a judicial proceeding that affects the ownership of property. A notice of pendency is most common in cases relating to real property and is typically filed in the public registry of the county where the affected real property is located.
