Lis Pendens
Literal meaning: “A pending suit; litigation pending”
What does the Latin term "Lis Pendens" mean in law?
Lis pendens is a notice filed in the public records to alert third parties that a lawsuit is pending that may affect the title to or possession of real property. The filing of a lis pendens provides constructive notice to subsequent purchasers and lien holders that the property is subject to a pending claim. Anyone who acquires an interest in the property after the lis pendens is filed takes that interest subject to the outcome of the litigation. The doctrine serves to prevent a party from defeating a pending claim by transferring the property to a third party during the litigation. In many jurisdictions, the wrongful filing of a lis pendens can subject the filer to liability for slander of title.
Source: Property · Legal Latin
Legal Definition
Lis pendens is a notice filed in the public records to alert third parties that a lawsuit is pending that may affect the title to or possession of real property. The filing of a lis pendens provides constructive notice to subsequent purchasers and lien holders that the property is subject to a pending claim. Anyone who acquires an interest in the property after the lis pendens is filed takes that interest subject to the outcome of the litigation. The doctrine serves to prevent a party from defeating a pending claim by transferring the property to a third party during the litigation. In many jurisdictions, the wrongful filing of a lis pendens can subject the filer to liability for slander of title.
How It's Used
Real estate litigators file lis pendens to protect their clients' claims to property during the pendency of a lawsuit. The notice effectively prevents the opposing party from selling or encumbering the property to a bona fide purchaser who would take free of the claim.
Example Sentences
Plaintiff recorded a lis pendens against the property to ensure that any potential buyer would have constructive notice of the pending quiet title action.
The court ordered the lis pendens expunged because the underlying lawsuit did not assert a real property claim.
After the lis pendens was filed, the defendant was unable to refinance the mortgage because the lender refused to lend on property with pending litigation.