Lis Pendens

Introduction

When it comes to real estate transactions, there are various legal terms and concepts that buyers and sellers need to be familiar with. One such term is “lis pendens,” which is Latin for “pending lawsuit.” Lis pendens is a legal notice filed against a property to indicate that there is a pending legal action involving the property. This article will delve into the details of lis pendens, its purpose, implications, and how it can affect real estate transactions.

What is Lis Pendens?

Lis pendens is a legal concept that serves as a public notice of a pending lawsuit involving a specific property. It is typically filed in the county where the property is located and is recorded in the public records. The purpose of lis pendens is to alert potential buyers or lenders that there is a legal dispute over the property, which may affect its ownership or title.

When a lis pendens is filed, it creates a cloud on the property's title, making it difficult for the owner to sell or refinance the property until the legal dispute is resolved. The lis pendens notice essentially warns third parties that any interest they acquire in the property may be subject to the outcome of the pending lawsuit.

Why is Lis Pendens Filed?

Lis pendens is typically filed in situations where there is a dispute over the ownership or title of a property. Some common reasons for filing a lis pendens include:

• Foreclosure: When a homeowner defaults on their mortgage payments, the lender may initiate foreclosure proceedings. In such cases, a lis pendens is often filed to notify potential buyers or lenders that the property is subject to foreclosure.
• Boundary disputes: If there is a disagreement between neighboring property owners regarding the location of a property boundary, a lis pendens may be filed to resolve the dispute.
• Divorce or inheritance disputes: In cases where a property is part of a divorce settlement or inheritance, a lis pendens may be filed to protect the interests of the parties involved until the dispute is resolved.
• Contract disputes: If there is a breach of contract related to a property, such as a failure to complete a sale or perform necessary repairs, a lis pendens may be filed to seek resolution through legal action.

Implications of Lis Pendens

When a lis pendens is filed, it can have significant implications for both the property owner and potential buyers or lenders. Some key implications include:

• Cloud on title: A lis pendens creates a cloud on the property's title, making it difficult for the owner to sell or refinance the property until the legal dispute is resolved. This can delay real estate transactions and potentially affect property values.
• Notice to potential buyers or lenders: The filing of a lis pendens serves as a notice to potential buyers or lenders that there is a pending legal action involving the property. This allows them to make informed decisions and assess the risks associated with the property.
• Increased due diligence: When a lis pendens is discovered, potential buyers or lenders will typically conduct additional due diligence to understand the nature of the legal dispute and assess the potential impact on their interests.
• Protection for parties involved: Lis pendens provides protection for parties involved in the legal dispute by preventing the property from being sold or encumbered until the matter is resolved. It ensures that the outcome of the lawsuit will not be disregarded by third parties.

Case Study: Lis Pendens in Real Estate

To illustrate the impact of lis pendens on real estate transactions, let's consider a hypothetical case study:

John and Mary are a married couple going through a divorce. They jointly own a house, and as part of the divorce settlement, they need to sell the property and divide the proceeds. However, John refuses to cooperate and delays the sale process.

In this scenario, Mary's attorney files a lis pendens against the property to protect her interests and ensure that John cannot sell or encumber the property without her consent. The lis pendens serves as a notice to potential buyers that there is a pending legal action involving the property.

As a result of the lis pendens, potential buyers who come across the property listing will be aware of the ongoing divorce dispute. They may choose to proceed with caution or avoid the property altogether due to the uncertainty surrounding its ownership and potential delays in the sale process.

How to Deal with Lis Pendens

If you encounter a property with a lis pendens, there are several steps you can take to navigate the situation:

• Consult with an attorney: It is crucial to seek legal advice from an experienced real estate attorney who can guide you through the implications of the lis pendens and help you assess the risks involved.
• Conduct due diligence: Perform thorough due diligence to understand the nature of the legal dispute and its potential impact on your interests. This may involve reviewing court documents, consulting with the parties involved, and assessing the likelihood of a favorable resolution.
• Negotiate with the parties involved: If you are still interested in purchasing the property despite the lis pendens, you can try negotiating with the parties involved to reach a resolution. This may involve offering to purchase the property subject to the outcome of the lawsuit or proposing alternative solutions.
• Consider title insurance: Title insurance can provide protection against any unforeseen issues with the property's title, including those related to a lis pendens. It is advisable to consult with a title insurance company to understand the coverage and potential exclusions.

Summary

Lis pendens is a legal notice filed against a property to indicate that there is a pending legal action involving the property. It serves as a public notice and creates a cloud on the property's title, making it difficult for the owner to sell or refinance the property until the legal dispute is resolved. Lis pendens has significant implications for both property owners and potential buyers or lenders, as it provides notice of the pending legal action and requires additional due diligence. When encountering a property with a lis pendens, it is essential to consult with an attorney, conduct due diligence, and consider negotiating or obtaining title insurance to navigate the situation effectively.