Simple English definitions for legal terms
Read a random definition: agreed-boundary doctrine
Lis pendens is a Latin term that means "suit pending." It refers to the power that courts have over property that is involved in a lawsuit until a final judgment is made. When there is a pending lawsuit that affects the title to a property or asserts a mortgage, lien, or other interest in real property, a notice called a "lis pendens notice" is recorded in the property's chain of title. This notice warns interested parties that any interests acquired during the lawsuit are subject to its outcome. The "lis pendens doctrine" allows for the dismissal of later lawsuits that are filed when two or more lawsuits are pending. To use this doctrine, the prior case must be the same, the parties must be substantially the same, and the relief requested must be the same. This doctrine is used to protect defendants from having to defend multiple lawsuits on the same cause of action at the same time.
Definition: Lis pendens is a Latin term that means "suit pending." It refers to the jurisdiction, power, or control that courts have over a property that is involved in a lawsuit until a final judgment is made. A lis pendens notice is a notice recorded in a property's chain of title that informs interested parties about the existence and scope of pending litigation that affects the title to or asserts a mortgage, lien, security interest, or other interest in real property. This notice warns all parties that any interests acquired during the lawsuit are subject to its outcome. The lis pendens doctrine allows the dismissal of a later action filed when two or more lawsuits are pending. It is designed to protect a defendant from having to defend several suits on the same cause of action at the same time. The doctrine requires more than a mere allegation of a pending suit; it requires proof that the prior case is the same, the parties are substantially the same, and the relief requested is the same. This three-pronged identity test must be strictly applied when a party seeks to dismiss a claim under the doctrine.
Example: If a person is trying to sell a property that is involved in a lawsuit, they must disclose the lis pendens notice to potential buyers. This notice will inform the buyers that the property is involved in a lawsuit, and any interests they acquire during the lawsuit are subject to its outcome. For example, if a bank is foreclosing on a property, they will file a lis pendens notice to inform potential buyers that the property is involved in a foreclosure lawsuit. This notice will prevent buyers from purchasing the property until the lawsuit is resolved.
Explanation: The example illustrates how a lis pendens notice can affect the sale of a property. The notice informs potential buyers that the property is involved in a lawsuit, and any interests they acquire during the lawsuit are subject to its outcome. This prevents buyers from purchasing the property until the lawsuit is resolved, which can affect the seller's ability to sell the property. The lis pendens doctrine also protects defendants from having to defend several suits on the same cause of action at the same time. This ensures that the legal process is fair and efficient for all parties involved.