Foreclosure notices explained · ForeclosuresDaily.com

What Is a Lis Pendens? Meaning, Effects on a Sale and How to Remove One

Generally, a lender or other party records a notice of a pending lawsuit against a home, most often at the start of a foreclosure. In short, this guide covers what that notice means, how it affects selling or refinancing, and how to remove it.

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Meaning

What is a lis pendens?

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To begin with, lis pendens is Latin for "suit pending." In other words, it is a notice recorded with the county that someone has filed a lawsuit involving the property.

For example, lenders file one at the start of a judicial foreclosure. Other lawsuits, such as boundary or ownership disputes, can lead to one too.

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Effects

How a lis pendens affects a property

Removal

How to remove a lis pendens

  1. The case is resolved. For example, the owner reinstates or pays off the loan.
  2. The filer records a release. In this case, a withdrawal also works.
  3. A court order. Alternatively, a judge can cancel an improper lis pendens.
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Therefore, turn recorded notices like these into prospects with foreclosure leads, pre-foreclosure notice leads, pre-foreclosure leads, and all lead products.

FAQ

What is a lis pendens: FAQ

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Is a lis pendens the same as a foreclosure?

No. Instead, it is a notice that a lawsuit is pending. In fact, foreclosure is one common reason a party files it.
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How long does a lis pendens last?

In general, it lasts until the lawsuit ends and the filer records a release, or until a court cancels it.
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Can I still buy a house with a lis pendens?

Yes. However, work with a title company to make sure the filer releases it at closing.

Of course, this explanation of lis pendens is general information, not legal advice. Recording and foreclosure rules vary by state, so speak with a local attorney about a particular property.

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