What Does Lis Pendens Mean in Real Estate?
In real estate, "Lis Pendens" is a Latin term meaning "suit pending." It refers to a public notice that a lawsuit has been filed concerning a property’s title or ownership. Here's a breakdown:
What It Means
- Lis Pendens is a legal document recorded with the county recorder's office.
- It notifies anyone interested in the property (buyers, lenders, etc.) that there's a pending legal action that could affect ownership or use of the property.
Common Reasons for a Lis Pendens
- Foreclosure proceedings
- Divorce disputes over property
- Contract disputes over sale or ownership
- Boundary or title disputes
Why It Matters
- It clouds the title, meaning the property can’t be easily sold or refinanced.
- Potential buyers or investors are warned that litigation may impact their rights if they purchase the property.
- If the plaintiff wins, the court's decision can alter who owns or controls the property.
Example
If a lender sues a homeowner for foreclosure and files a lis pendens, it warns the public that this property is tied up in litigation and might be repossessed or sold under court order.