Legal Definitions - lis pendens

"Lis pendens" is a Latin term meaning "suit pending." In legal contexts, it primarily refers to a formal notice filed in public records to alert everyone that a lawsuit is ongoing concerning the title to, or an interest in, a specific piece of real estate.

The primary purpose of a lis pendens notice is to prevent parties involved in a lawsuit from selling, transferring, or encumbering property in a way that would undermine the court's ability to make a final decision. If someone acquires an interest in the property while a lis pendens is active, their interest will be subject to the outcome of the pending lawsuit. This ensures that the court's eventual judgment regarding the property can be effectively enforced.

Separately, the lis pendens doctrine is a legal principle that allows a court to dismiss a lawsuit if another lawsuit involving the same parties, the same core issue, and the same requested outcome is already pending in another court. This prevents a defendant from having to defend against identical claims multiple times.

Examples of Lis Pendens:

• Property Ownership Dispute:

  Imagine two siblings, Anna and Ben, are disputing the rightful ownership of their deceased grandmother's vacation home. Anna believes she is the sole heir based on a handwritten note, while Ben claims the property should be divided equally according to a formal will. Anna files a lawsuit to establish her sole ownership of the home.

  To protect her claim during the lawsuit, Anna's attorney records a lis pendens notice against the vacation home's title. This notice publicly informs any potential buyer or lender that the home's ownership is currently contested in court. If Ben were to try and sell the house, or take out a loan against it, the buyer or lender would discover the lis pendens and understand that their acquired interest would be contingent on the court's final decision regarding Anna's claim.

• Contractor's Lien Enforcement:

  A homeowner, Ms. Chen, hired a roofing company, "Quality Roofers," to replace her roof. Ms. Chen is dissatisfied with the work, claiming it was poorly done, and refuses to pay the final installment. Quality Roofers believes they completed the work according to the contract and files a lawsuit to enforce a mechanic's lien against Ms. Chen's property for the unpaid amount.

  As part of their lawsuit to enforce the lien, Quality Roofers records a lis pendens notice on Ms. Chen's property. This notice publicly declares that there is a legal claim against the property related to the construction work. If Ms. Chen tries to sell or refinance her home while the lawsuit is ongoing, the lis pendens would alert potential buyers or lenders to the existence of the contractor's claim, indicating that the property's clear title is in question until the lawsuit is resolved.

• Marital Property in Divorce Proceedings:

  John and Maria are going through a divorce, and a significant asset in their marital estate is a rental property they co-own. Maria believes she should receive the rental property as part of the property division, while John wants it sold and the proceeds split. Maria files a lawsuit for divorce and specifically requests the court to award her the rental property.

  To ensure the rental property isn't sold or encumbered by John before the divorce is finalized and the court decides its fate, Maria's attorney files a lis pendens notice against the property's title. This notice serves as a public warning that the property is subject to the outcome of the divorce proceedings. If John were to attempt to sell the rental property to a third party, that party would be notified by the lis pendens that their purchase could be invalidated or affected by the final judgment in John and Maria's divorce case.