Recording the notice gives constructive notice to subsequent purchasers and encumbrancers, who take subject to the litigation's outcome. Availability is limited to actions directly affecting title or an interest in specific property.
Improper filing may support damages.
Alternative Names:
Notice of Lis Pendens|Pending Suit Notice
Why it Matters?
Recording a lis pendens in an action not directly affecting title exposes the filer to slander of title claims and statutory penalties in several states, since the notice effectively clouds title and prevents sale or financing. Expungement motions are available and frequently granted where the underlying claim seeks only money. Confirming that the claim genuinely affects title before recording is necessary.
Frequently Confused with
Related terms
Frequently asked questions
When is a lis pendens improper?
What relief is available?
