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Simple English definitions for legal terms

lis pendens

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A quick definition of lis pendens:

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.

A more thorough explanation:

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.

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GreyCeaselessMammoth
9:43
ollie we support you
GreyCeaselessMammoth
9:43
change your name to olliewillgotoUChicago?
ollie you need better stats than that to go to harvard :(
lilypadfrog
9:44
uchicago famously hates low gpas
GreyCeaselessMammoth
9:44
olliewillgotoUpenn
GreyCeaselessMammoth
9:44
i think he has good chances there
upenn famously hates high lsats
GreyCeaselessMammoth
9:45
ollie blueprint
cumsock
9:45
do you think about the days when we sat down smoking wine and drinking haze
PuppyBot
9:48
morninh
cumsock
9:48
i wanna quit my jorb
cumsock
9:49
and ride the rails
@cumsock: same and not cause it sucks, I love who I work with/for and it is super easy but I am trying to save a lot of LS so I can ball out while unemployed
How much is everyone trying to save up for when they get to school?
shaquilleoatmeal
9:51
@PuppyBot: tripppp, u were heavy on my mind last night after the bs in the chat
cumsock
9:51
i plan to be the most frugal mf alive in school
cumsock
9:52
paint chips for dinner
cumsock
9:52
thats what i always eat tho
lilypadfrog
9:52
glove do you want to go dumpster diving with me
cumsock
9:52
yea thats where all the good snacks are
cumsock
9:52
like plastic bags
lilypadfrog
9:53
😋😋😋😋
[] starfishies
9:53
@BulbasaurNoLikeCardio: i didn't think about this until it was too late lol i'll be lucky to save like 7k if that
shaquilleoatmeal
9:54
@BulbasaurNoLikeCardio: saving enough to have mortgage +bills for the first 2 years of law school, figured i can work again after the 2nd year but at least ill give myself the flexibility to focus on school and not bills. A little to the side because life happens and sometimes u need to prepared for hitting rock bottom
I am trying to be pretty frugal now, looked up the cost to have PODs move my shit and I am like fuck that is a lot. I am trying to squirrel half my monthly income away so I can have a fat amount of cushion
PuppyBot
9:54
@shaquilleoatmeal: how sweet
PuppyBot
9:55
i need to make my matcha
cumsock
9:55
we just need one parlay
I think my biggest stress will be two mortgages until my current place sells.
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