Lis Pendens
A lis pendens is a recorded notice of pending litigation involving title to or another qualifying interest in identified real property.
🎬 Video Explanation
Exam Tip
Lis pendens is notice of pending litigation. Look for a qualifying real-property claim and the effect of recording.
What recording does
Recording gives constructive notice to later purchasers and lenders as provided by state law. A later purchaser may take subject to the result of the litigation. A lis pendens can impair marketability but does not itself establish the claimant’s ownership or create a lien for money owed.
Qualifying claims can include quiet title, partition or specific performance of a sale, depending on the jurisdiction. A claim seeking only money damages may fall outside the governing statute. Recording, discharge, expungement and any bond procedure depend on local law.
For example, Minnesota Statutes § 557.02 specifies the notice contents, where to record, when notice applies and how the notice can be discharged.
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Related Terms
Cloud on Title
A cloud on title is any document, claim, lien, or encumbrance that could impair or affect the owner's title to property, making the title unmarketable until resolved.
Quiet Title Action
A quiet title action is a lawsuit filed to establish ownership of real property and remove any clouds, claims, or disputes affecting the title, resulting in a court judgment that "quiets" all challenges to ownership.
Encumbrance
An encumbrance is a claim, right or restriction burdening real property, such as a lien, easement or restrictive covenant.
Lien
A lien is a legal claim against property that secures payment of a debt or performance of an obligation.
Foreclosure
Foreclosure is the legal process by which a lender takes ownership of a property when the borrower fails to make mortgage payments, typically after several months of default.
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