Securing a contract
Lis Pendens
Also called: Notice of Pendency · Notice of Pending Action
A recorded notice that a lawsuit affecting title to a property is pending.
What is a lis pendens?
Lis pendens is Latin for “suit pending.” It is a notice recorded in the property records warning that litigation is under way that could affect ownership of the property. Anyone who buys or lends against the property afterward takes it subject to the outcome of that suit.
It is often confused with a Memorandum of Contract, but they are different tools. A lis pendens requires an actual lawsuit; a memorandum simply gives notice of a contract. For a buyer trying to protect a purchase agreement before any dispute exists, a memorandum is usually the appropriate, lighter-weight instrument.
A wrongful or baseless lis pendens can expose the filer to liability, so it is not a casual tactic.
We handle the paperwork end-to-end — you never touch a courthouse.