What Is Lis Pendens?

“Lis pendens” is Latin, which is very similar to many other important legal terms. It’s also possible that it does not make sense to a non-lawyer. As an expression that is important to become thoroughly familiar with, the examination below will give you some background.

Interpreted directly, “lis pendens” means “suit pending.” Any court case currently pending in the United States can be called this. As a potential homeowner, how does this affect you? Actually, it can mean a great deal.

While customarily lis pendens was a term utilized to refer to any presently pending court case, it has a more real estate-specific meaning nowadays. Today, the current trend makes only written notices filed about real property and sometimes parental responsibility matters the subject of the term lis pendens. With respect to real estate, this can involve either the title to the property or an instance in which there is a claimed ownership interest. If you’re looking for a lis pendens, also known as a notice, search in the county land records office.

With respect to the existence of a notice, potential homeowners have to understand the ramifications. The lis pendens serves as a notice to you, the buyer, that the land’s title is being contested in some way. If you fail to pay attention to the warnings of a notice for a specific piece of land and you buy it anyhow, there are further complications with which you now have to deal with. The property will be taken subject to the final decision in the pending court case for which the lis pendens served as original notice. This makes the land undeniably less attractive to a buyer or a lender.

Caveat emptor is another legal term that may be appropriate to know at this point. In this case, no clarification is needed beyond the term’s English translation. Interpreted as “buyer beware,” due diligence should be utilized at every turn, just like every other part of the home buying process. Verify that the land’s title can be taken free of any hindrances by consulting with your local county land records office. One fast and easy task could save you a lot of home buying heartache in the future.

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