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Simple English definitions for legal terms
Notice of Pendency
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A quick definition of Notice of Pendency:
A notice of pendency is a legal document that a court can issue when there is a lawsuit involving real property. It is filed with the property's deed at the county registry and makes it difficult to sell or get a mortgage on the property. This is because even if the property is sold or transferred, it can still be used to pay off any judgments against the property owner in the lawsuit. Sometimes, courts issue notices of pendency to prevent property owners from hiding their assets to avoid paying judgments. Rules for notices of pendency vary by state.
A more thorough explanation:
A notice of pendency is a legal document that is filed with the county registry when a court considers a lawsuit involving real property. It is a provisional remedy that makes it difficult to sell or transfer the property until the lawsuit is resolved.
For example, if someone sues the owner of a piece of land, the court may issue a notice of pendency to prevent the owner from selling or mortgaging the property until the lawsuit is over. This is because the property may be used to satisfy any judgments against the owner.
Notices of pendency can also be used in cases that do not involve real property. For instance, if a defendant is trying to restructure their assets to avoid paying a judgment, the court may issue a notice of pendency to prevent them from doing so.
It's important to note that rules regarding notices of pendency vary by state. Therefore, it's essential to check the State Civil Procedure Rules to understand how they work in your jurisdiction.