The Latin term Lis Pendens means simply “pending lawsuit”. In essence, it is a reference to which jurisdiction will control a law suit that is awaiting legal or court action.
In practical terms, it is a notice that is filed in the public records office that shows (or states) that a certain property is under some form of legal action, and if someone should buy that property before the suit is settled the buyer may be subject to claims on that property. This may mean that the value of the property is lessened because of this pending suit.
In order for lis pendens to be in effect, certain things must happen. First, there must be some form of problem or action concerning either the property or its title. The actual lis pendens (the actual written notice) must then be filed with the court clerk, certified, and recorded with the county records office. What this does is it gives the defendant (the person who owns the property) notice that there is a problem or claim on the property. The notice also lets the general public know that there is legal action pending. This can be very important for anyone who may be thinking of buying that property.
The notice must include a detailed description of the real estate and the law suit that is being brought must (in some way) involve that actual property. If the person who filed the notice is found to have been done falsely, that person may be liable for paying attorney fees for the defendant. For this reason, it is a good idea to have a lawyer brought in to assess the merits of a case or lien on the property before filing.
Here is an example of how filing a false notice can lead to trouble. Carpenter John does some work on Mr. B’s property but Mr. B does not pay his bill. Carpenter John files a mechanic’s lien on the property but also includes other properties that the Mr. B owns but Carpenter John did not work on. Because these other properties are not “involved” with the actual work (or lien) Carpenter John may be guilty of making a false claim/notice and may be subject to having to pay Mr. B’s attorney fees. A simple enough mistake, but a costly one nonetheless.
As mentioned above, if you believe you need to file a claim against someone or need to put into place a lis pendens notice, then talk with a local attorney first. You can get the information that you need and be far more assured that you are doing everything right and protecting yourself in the process.
When it comes legal matters, especially those leading to law suits and court actions, knowledge is truly power. Get the help you need before you make any decisions.
