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to the litigants' rights as they might be eventually determined, no matter how much later. In effect, nothing relating to the ownership of the subject matter of the suit could be definitively changed while the suit was pending. Without publication of the existence of a lawsuit, innocent buyers might discover the existence of a lawsuit too late.
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Under the common law, the mere existence of a lawsuit potentially affecting the title to real property had the legal effect of putting the entire world on constructive notice of the suit; anyone acquiring an interest in real property which was the subject of a pending suit took that interest subject
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against a piece of property alerts a potential purchaser or lender that the property’s title is in question, which makes the property less attractive to a buyer or lender. Once the notice is filed, the legal title of anyone who purchases the land or property described in the notice is subject to the
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prevent or necessarily invalidate a transfer of the property, although it makes such a transfer subject to the outcome of the litigation. Thus, the owner is not prevented from selling the land for (non-borrowed) cash, pledging it as security for a speculative loan, or giving it away, all subject to
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or will only purchase the land at a discount, prudent lenders will not lend money against the security of the land, and title insurance companies will not insure the title to such land. Title is taken subject to the outcome of the lawsuit. Because so much real property is purchased with borrowed
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statutes requiring a written notice, usually recorded in the land records where the real estate is located, for the notice provisions of the rule to be effective. Typically, a separate recorded instrument is required by statute if the lawsuit in question affects title to real property. If the
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statutory requirements are met, the world is put on "constructive notice" of the existence of the suit, and any person acquiring an interest later does so subject to the outcome of the suit.
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upon request of anyone who claims to be entitled to do so (such as because the person has filed a lawsuit). If someone else with an interest in the property (such as the owner) believes the
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money, this usually keeps the owner from selling the property. It also may keep the owner from borrowing money secured by the property (such as to pay the costs of defending the suit).
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is taken as constructive notice of the pending lawsuit, and it places a cloud on the title of the property in question until the suit is resolved and the notice released or the
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of the property will not diminish the plaintiff's rights to the property, should the plaintiff prevail in its case. In some jurisdictions, when the notice is properly recorded,
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or a reasonable likelihood of success on the merits of its case in the underlying lawsuit. Other states do not have such a requirement.
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While it is generally thought of in connection with real property (land, buildings, and the like), the doctrine of
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For example, Calif. Code of Civil
Procedure §§ 405–405.61; D.C. Code § 42-1207 (formerly § 45-906.1), enacted 2000
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statutes which require the filer of the notice—in the event of a challenge to the notice—to establish that it has
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statutes only apply to real property, so the common-law doctrine probably still applies to personal property.
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The harsh effect of this rule, and its effect on innocent purchasers, led many jurisdictions to enact
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Howard's
Practice Reports in the Supreme Court and Court of Appeals of the State of New York
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may refer to any pending lawsuit or to a specific situation with a public notice of
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Howard (Jr.), Nathan; Stover, Rowland M.; Court, New York (State) Supreme (1881).
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in it. The notice is usually filed in the county land records office. Recording a
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For the concept of staying proceedings, when a law suit is pending elsewhere, see
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First
Maryland Financial Services Corp. v. District-Realty Title Insurance Corp.
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509:, 916 A.2d 153, 157, quoting Powell on Real Property § 82A.01 (2006).
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is recorded, however, the recipient (a "purchaser" or "grantee
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is not proper, then he can then file suit to have it expunged.
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deal primarily with the United States and do not represent a
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Written notice on property that it is subject to a legal case
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District of
Columbia Redevelopment Land Agency v. Dowdey
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California
Practice Guide: Civil Procedure Before Trial
103:(Latin for 'suit pending' ) is a written notice that a
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to other litigants or other unrecorded or subordinate
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that has been recorded in the same location where the
497:, 1 Mackey 190, 200, 1881 U.S.App.Lexis 2702 (1881).
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147:has been recorded. This notice secures a
79:Learn how and when to remove this message
491:1st Atlantic Guaranty Corp. v. Tillerson
361:Laurence, Robert (1980). "Lis Pendens".
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402:. Soule, Thomas & Wentworth. 1915.
264:the outcome of the lawsuit. Once the
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176:The recording office will record a
445:, 618 A.2d 153, 161 fn. 14 (1992).
14:
507:1st Atl. Guar. Corp. v. Tillerson
456:Lewis v. Jordan Investments, Inc.
431:Malcolm v. Superior Court (Green)
429:, 548 A.2d 787, 791 (D.C. 1988);
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476:R.I. Weil & I.A. Brown, Jr.
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458:, 725 A.2d 495, 500 (D.C. 1999)
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386:. William Gould & Son.
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122:outcome of the lawsuit.
526:Latin legal terminology
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171:lienholders
162:lis pendens
157:encumbrance
132:Lis pendens
118:lis pendens
109:real estate
99:lis pendens
520:Categories
336:References
328:Sub judice
309:Law portal
137:litigation
149:plaintiff
69:July 2019
57:talk page
295:See also
241:expunged
153:mortgage
51:You may
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205:History
105:lawsuit
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224:Effect
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