Lis Pendens

A lis pendens is a recorded notice of pending litigation involving title to or another qualifying interest in identified real property.

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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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