Lis Pendens in Real Estate Litigation: Strategies to Assert and Defend Property Rights

A notice of pendency of action or lis pendens is a notice recorded in a real property's chain of title that is designed to give constructive notice of a lawsuit affecting that property. The lis pendens can be a powerful tool to assert or protect property rights, however, it remains one of the least understood tools in real estate litigation. 

The primary purpose of lis pendens is to protect the interests of the party that has filed the lawsuit. The lis pendens notifies other potential purchasers or lenders of ongoing litigation and can effectively enjoin or at least slow down any transfer or encumbrance of the property until the underlying dispute is resolved, thereby preserving the plaintiff's claim.

For the property owner, the effect of the lis pendens can be devastating, preventing the sale and/or refinancing of the property and leading to costly litigation. Depending on the jurisdiction, the owner may be able to initiate a proceeding to remove the lis pendens in the underlying lawsuit or may be able to file a lawsuit to clear title.

Whether representing the buyer, seller, or a third party in a real estate transaction, it is important that counsel understand how lis pendens may impact the transaction, what makes it enforceable, and how to address an improperly filed lis pendens that may be clouding a title.

Listen as our expert panel provides a comprehensive overview of lis pendens in real estate litigation. The panel will provide practical guidance and strategic insights on what owners and claimants need to know to protect and defend their property rights using this powerful—albeit widely misunderstood—litigation tool.