Creating a Notice of Lis Pendens

Note: Want to skip the guide and go straight to the free templates? No problem - scroll to the bottom.
Also note: This is not legal advice.

Introduction

Filing a Notice of Lis Pendens is an important legal step that can protect the interests of creditors and lienholders when it comes to real estate. What this document does is provide a public record of any pending legal action relating to the property in question, alerting any potential buyers or third parties that there could be risks associated with purchasing the property that must be taken into account. Additionally, it prohibits the transfer, sale or encumbrance of the property until such time as all legal proceedings have been concluded.

The Genie AI community template library is essential for anyone seeking to draft and customize high quality legal documents related to notices of lis pendens without having to pay a lawyer. Our team has compiled millions of datapoints in order to teach our AI what a market-standard notice should look like, offering users access to both our proprietary dataset and our open source library for free.

When filing such a Notice, it’s important for all parties involved – including lienholders or creditors, current owners and those interested in buying – to understand why this document matters and what risks may be associated with it should legal action arise as a result. This includes ensuring all involved are aware of its existence and implications, giving them the opportunity needed to present their case if necessary. Ultimately, being aware of the Notice of Lis Pendens will allow for informed decisions when it comes not only to real estate law but also litigation that follows from it.

If you’re considering filing a Notice Of Lis Pendens but aren’t sure where you begin - read on below for our step-by-step guidance! From there you can access our community template library today - giving you everything needed protect your rights while determining whether this document is right for you. There’s no need create an account either - we just want help!

Definitions (feel free to skip)

Lis Pendens: A public document filed with the court and with the county recorder to put parties on notice that litigation is pending regarding a particular piece of real estate.
Creditors: A person or entity to whom money is owed.
Lienholders: A person or entity who holds a lien on a piece of property.
Jurisdiction: The legal authority of a court to hear and decide a certain type of case.
Filing Fee: A fee paid to the court when filing a legal document.

Contents

• Definition of a Notice of Lis Pendens
• The Purpose of a Notice of Lis Pendens
• Preparing a Notice of Lis Pendens
• Create a document to serve as the notice
• Include all relevant information
• Prepare multiple copies of the notice
• Filing a Notice of Lis Pendens
• File the notice with the appropriate court
• Pay the applicable filing fee
• Receive confirmation of the filing
• Posting a Notice of Lis Pendens
• Affix a copy of the notice to the property
• Provide copies to any other interested parties
• Recording a Notice of Lis Pendens
• File the notice with the county recorder
• Submit the appropriate fee
• Receive confirmation of the filing
• Legal Implications of a Notice of Lis Pendens
• Parties are on notice that litigation is pending
• Property cannot be sold or transferred
• Lienholders must be notified
• How a Notice of Lis Pendens Affects Property Owners
• Property cannot be sold or transferred
• Lienholders must be paid before litigation is resolved
• How a Notice of Lis Pendens Affects Creditors and Lienholders
• Must be notified of the litigation
• Must be paid before litigation is resolved
• Terminating a Notice of Lis Pendens
• Withdraw the notice with the court
• Retrieve any posted copies of the notice
• File a notice of termination with the county recorder

Get started

Definition of a Notice of Lis Pendens

• A Notice of Lis Pendens (also known as a lis pendens) is a legal document that is filed with the county clerk’s office when a lawsuit has been initiated involving the title to a piece of real property.
• The purpose of the lis pendens is to give public notice to all potential purchasers or lenders of the property that a dispute involving the title is pending and that the title is therefore subject to the outcome of the legal action.
• The notice is also used to ensure that any proceeds from the sale of the property are appropriately distributed in accordance with the judgment of the court.
• Once the lis pendens has been filed, it will remain in effect until the legal action is resolved or until the plaintiff elects to withdraw the lis pendens.

You will know you can check this off your list and move on to the next step once you have a full understanding of what a Notice of Lis Pendens is and why it is used.

The Purpose of a Notice of Lis Pendens

• Understand the purpose of a Notice of Lis Pendens
• Learn the situations in which a Notice of Lis Pendens is needed
• Identify the parties involved in a Notice of Lis Pendens
• Determine the requirements for filing a Notice of Lis Pendens
• Understand the consequences of filing a Notice of Lis Pendens

Once you have a clear understanding of the purpose of a Notice of Lis Pendens, its situations, parties involved, requirements, and consequences, you can check this off your list and move on to the next step: Preparing a Notice of Lis Pendens.

Preparing a Notice of Lis Pendens

• Gather the necessary information, including the legal description of the property, name of the plaintiff, name of the defendant, and case number.
• Assemble the document, including the title, legal description of the property, name of the plaintiff, name of the defendant, and case number.
• Make sure to include the signature of the plaintiff or plaintiff’s attorney.
• Make copies of the notice of lis pendens.
• File the original document with the local county recorder’s office.
• Send copies of the notice of lis pendens to all interested parties.

You will know you can move to the next step when you have filed the original document and sent copies of the notice to all interested parties.

Create a document to serve as the notice

• Create a document that meets the legal requirements of the applicable jurisdiction.
• Use a title that clearly identifies the document as a Notice of Lis Pendens.
• Include all of the required information in the document, such as a legal description of the property, the names of the parties involved, and a statement of the claim.
• Ensure that the document is signed and dated by an authorized representative of the plaintiff.
• When you have completed the document and it meets all legal requirements, you can check this step off your list and move on to the next step.

Include all relevant information

• Include a legal description of the property that is being claimed
• Include the name and address of the claimant
• Include the name and address of the record owner
• Include the case number and court of filing
• Include the date when the notice was filed
• Include the date the lis pendens expires
• When all relevant information is included, you can check this step off your list and move onto preparing multiple copies of the notice.

Prepare multiple copies of the notice

• Obtain the required number of copies of the Notice of Lis Pendens from your local county clerk’s office.
• Make sure all copies are identical, including all information and signatures.
• Once you have the required number of copies, you can check this step off your list.

Filing a Notice of Lis Pendens

• Take the prepared copies of the notice to the court clerk in the county where the property is located
• Make sure you have the original and multiple copies of the notice
• Pay the filing fee to the court clerk
• The court clerk will keep the original copy and provide a stamped copy as proof of filing
• Make copies of the stamped notice for your records
• You will know you have successfully completed this step when you have the stamped copy from the court clerk and your copies of the filed notice.

File the notice with the appropriate court

• Locate the appropriate county clerk’s office
• Take the Notice of Lis Pendens to the county clerk’s office and file it
• Ask the office to provide you with an original copy
• Pay the applicable filing fee
• Once the Notice of Lis Pendens has been filed, you can check this off your list and move on to the next step.

Pay the applicable filing fee

• Check with the court clerk to find out what the applicable filing fee is for filing a Notice of Lis Pendens.
• Make sure you have the correct amount of money so that there are no issues with the filing fee.
• Pay the court clerk the applicable filing fee for filing the Notice of Lis Pendens.
• Obtain a receipt for the filing fee from the court clerk.

You’ll know that you can check this step off your list once you have paid the applicable filing fee and received a receipt from the court clerk.

Receive confirmation of the filing

• Contact the county clerk’s office to ensure that the Notice of Lis Pendens has been received and properly filed.
• Ask for a copy of the filed document to ensure accuracy.
• Once you have received confirmation from the clerk’s office that the filing has been made and a copy of the document, you can move on to the next step.

Posting a Notice of Lis Pendens

• Post a copy of the Notice of Lis Pendens on the front door, window, or other conspicuous place of the property by affixing it with a nail or other means
• Ensure that the Notice of Lis Pendens is visible and clearly legible to the public
• You will know you have successfully completed this step when the affixed Notice of Lis Pendens has been clearly visible to the public for a minimum of 30 days.

Affix a copy of the notice to the property

• Physically affix (nail or tape) a copy of the Notice of Lis Pendens to the property in a visible location
• Make sure the copy of the Notice of Lis Pendens is affixed securely
• You can check this off your list when you’ve confirmed the Notice of Lis Pendens is securely affixed to the property

Provide copies to any other interested parties

• Make a copy of the Notice of Lis Pendens (NOLP)
• Send a copy of the NOLP to any interested parties, such as the lender, any other owners or tenants of the property, or any other party who may have an interest in the property
• Document the date and time each copy was sent, the method of delivery, and the identity of the recipient
• Once you have provided copies of the NOLP to all interested parties, you have completed this step and can move on to the next step of Recording a Notice of Lis Pendens.

Recording a Notice of Lis Pendens

• Prepare the notice of lis pendens in the appropriate format and make sure all the information is correct
• Record the notice of lis pendens with the County Recorder’s office
• Pay the necessary recording fee
• Receive an acknowledgment or stamped/recorded copy of the notice of lis pendens

Once you have completed this step, you can move on to the next step of filing the notice with the county recorder.

File the notice with the county recorder

• Visit the county recorder’s office and ask them where to file the Notice of Lis Pendens.
• Submit the Notice of Lis Pendens to the county recorder’s office, along with two copies of the document.
• Pay the filing fee for filing the Notice of Lis Pendens.
• Receive a stamped copy of the document as proof of filing.
• You will know that you have completed this step when you have submitted the Notice of Lis Pendens to the county recorder’s office, paid the filing fee, and received a stamped copy of the document.

Submit the appropriate fee

• Check with your county recorder’s office to determine the filing fee for a Notice of Lis Pendens
• Bring payment in the form of cash, check, or money order to the county recorder’s office
• Submit payment for the fee along with the Notice of Lis Pendens
• You’ll know you’ve completed this step when the county recorder’s office has accepted and processed your payment.

Receive confirmation of the filing

• Check your email for a confirmation from the court or recorder’s office.
• If you do not receive an email, contact the court or recorder’s office to confirm that the filing was accepted.
• You can check this off your list once you receive confirmation that the filing was accepted.

Legal Implications of a Notice of Lis Pendens

• Understand that filing a Notice of Lis Pendens is a legal declaration that a property is involved in a pending lawsuit.
• Be aware that the filing of the Notice of Lis Pendens may have effects on the title of the property, including preventing the sale or transfer of the property by the owner or any other person.
• Understand that the filing of the Notice of Lis Pendens is a serious legal matter and should not be taken lightly.
• Know that filing a Notice of Lis Pendens does not automatically guarantee that the court will rule in your favor.

You can check this off your list once you have a complete understanding of the legal implications of filing a Notice of Lis Pendens and are satisfied that you have adequately researched the law in your jurisdiction.

Parties are on notice that litigation is pending

• File the Notice of Lis Pendens with the county recorder’s office in the county where the property is located
• Ensure that the Notice of Lis Pendens is served on all parties in the litigation, including the defendant
• If the defendant is a corporation, serve the Notice of Lis Pendens to the registered agent of the corporation
• Obtain proof of service that the Notice of Lis Pendens was served on all parties
• You’ll know this step is completed when you have proof of service that the Notice of Lis Pendens was served on all parties in the litigation.

Property cannot be sold or transferred

• Draft a Notice of Lis Pendens and ensure it includes the legal description of the property and the case caption for the lawsuit.
• File the Notice of Lis Pendens with the appropriate county.
• Serve a copy of the Notice of Lis Pendens to all known interested parties.
• You will know this step is complete when all parties have been served and the document has been filed in the appropriate county.

Lienholders must be notified

• Notify all lienholders of the lis pendens filing.
• The lis pendens must be properly served upon all lienholders.
• You must make sure to include a copy of the notice of lis pendens and a legal description of the property in the notification.
• You’ll know you have completed this step when all lienholders have been properly served with the notice of lis pendens.

How a Notice of Lis Pendens Affects Property Owners

• File the Notice of Lis Pendens with the proper county Clerk’s office.
• Serve the Notice of Lis Pendens on the lienholder.
• Provide a copy of the Notice of Lis Pendens to the property owner.
• Once the above steps have been completed, you have satisfied the requirements for the Notice of Lis Pendens. You can then proceed to the next step.

Property cannot be sold or transferred

• File a Notice of Lis Pendens at your county’s clerk office.
• Submit a copy of the Notice to all stakeholders and the property owner.
• Property cannot be sold or transferred until the lis pendens is released.
• You will know when you can check off this step when you have successfully filed the Notice of Lis Pendens and it has been served to all stakeholders and the property owner.

Lienholders must be paid before litigation is resolved

• Find out how much each lienholder is owed and make sure that each of these debts is paid in full.
• Obtain a release of lien from each lienholder that has been paid.
• Once all lienholders have been paid and have provided a release of lien, you can check this off your list and move on to the next step.

How a Notice of Lis Pendens Affects Creditors and Lienholders

• Determine which creditors and lienholders are impacted by the Notice of Lis Pendens.
• Notify the affected creditors and lienholders of the litigation as soon as possible.
• Determine how much each creditor and lienholder is owed and pay them in full before the litigation is resolved.
• Keep a record of all payments made to creditors and lienholders for future reference.

Once you have determined which creditors and lienholders are impacted by the Notice of Lis Pendens, notified them of the litigation, and paid them in full, you can check off this step and move on to the next step.

Must be notified of the litigation

• Ensure that all parties to the proposed litigation have received proper notice of the lis pendens.
• This includes the plaintiff/petitioner and all defendants/respondents to whom the lis pendens pertains.
• Make sure all parties have been served with a copy of the lis pendens.
• You’ll know you can check this off your list and move on to the next step when you have confirmed that all parties to the proposed litigation have received proper notice of the lis pendens.

Must be paid before litigation is resolved

• Contact the person or party with whom you are in litigation with and negotiate a payment to resolve the case.
• Agree to a payment that is satisfactory to both parties and make the payment.
• Once the payment is made, the litigation is resolved and the Notice of Lis Pendens is no longer necessary.

Terminating a Notice of Lis Pendens

• Request a voluntary withdrawal of the Notice of Lis Pendens from the court.
• Provide the court with a written withdrawal of the Notice of Lis Pendens from the party filing it.
• If the court grants the withdrawal, the notice will be removed from the public record.
• You will know you’ve completed this step when the court officially confirms that the Notice of Lis Pendens is withdrawn and removed from the public record.

Withdraw the notice with the court

• Visit the office of the court clerk where you initially filed the Notice of Lis Pendens.
• Ask the clerk for the necessary forms to withdraw the Notice of Lis Pendens.
• Complete the forms and submit them to the court with the appropriate fee.
• When the court has accepted and processed the withdrawal of the Notice of Lis Pendens, you will receive a receipt or confirmation notice.
• Check that the notice has been withdrawn and no longer appears on the public record.

Retrieve any posted copies of the notice

• Visit the court where the Notice of Lis Pendens was filed
• Contact the court clerk and ask for a copy of the posted Notice of Lis Pendens
• Make sure the posted copy of the Notice of Lis Pendens is properly dated and signed
• When you have the dated and signed copy of the posted Notice of Lis Pendens, it can be checked off your list and you can proceed to the next step.

File a notice of termination with the county recorder

• Visit your county recorder’s office and ask to file a Notice of Lis Pendens.
• Complete all required paperwork, including the legal description of the property and the names of all parties involved.
• Pay the filing fee.
• Obtain a certified copy of the filed Notice of Lis Pendens.
• You can check this off your list and move on to the next step when you have a certified copy of the filed document.

FAQ:

Q: What is a Notice of Lis Pendens?

Asked by Abigail on April 8th, 2022.
A: A Notice of Lis Pendens is a legal document filed in certain jurisdictions that gives public notice that a lawsuit has been initiated involving the title to a particular piece of real property. It typically includes the names of the parties involved, the name of the court in which the case is pending, and a description of the property in question. The notice serves as a warning to potential buyers and lenders that the title to the property is in dispute and may be subject to change as a result of the case.

Q: How does filing a Notice of Lis Pendens affect my ability to sell or mortgage my property?

Asked by Isabella on June 11th, 2022.
A: Filing a Notice of Lis Pendens can make it difficult for you to sell or mortgage your property until the case is resolved. Potential buyers and lenders will usually not be willing to enter into any agreement involving the property until they are certain that the title to it is secure. As such, it is important to take steps to resolve the case as quickly as possible so that you can move forward with whatever transaction you wish to enter into.

Q: Are there any specific requirements or restrictions when filing a Notice of Lis Pendens?

Asked by Alexander on August 14th, 2022.
A: Yes, there are certain requirements and restrictions when filing a Notice of Lis Pendens. For example, in some jurisdictions, it may only be filed in certain courts and must include specific information about the parties involved, such as their names and addresses. Additionally, some jurisdictions may require the filing party to post bond or other security to ensure that any potential damages resulting from filing the document are covered in case they are found liable at trial.

Q: What happens if I fail to file a Notice of Lis Pendens?

Asked by Emma on October 17th, 2022.
A: Failing to file a Notice of Lis Pendens can have serious consequences. For example, if an interested third-party purchases or takes out a loan on your property before your case has been resolved, they may have priority over you for any rights or interests in the property due to their earlier acquisition date or loan agreement. As such, it is important to file a Notice of Lis Pendens as soon as possible after initiating your legal case so as not to risk losing out on any potential rights or interests in your property.

Q: Do I need an attorney in order to file a Notice of Lis Pendens?

Asked by Noah on December 20th, 2022.
A: While it is generally recommended to seek legal advice prior to filing any legal documents like a Notice of Lis Pendens, an attorney is not strictly required for this process in all jurisdictions. However, an attorney can help ensure that your filing meets all applicable requirements and can also help guide you through any other steps necessary for protecting your rights and interests regarding your property during your legal case.

Q: Is there an expiration date for Notices of Lis Pendens?

Asked by Sophia on February 23rd, 2022.
A: Yes, Notices of Lis Pendens typically have an expiration date associated with them which varies depending on jurisdiction and other factors such as whether or not an extension has been requested and granted by the court overseeing your case. Typically, Notices will expire within 60-90 days unless they are renewed by filing an updated version with additional information regarding the current status of your case.

Q: Are Notices of Lis Pendens valid in all jurisdictions?

Asked by Liam on April 26th, 2022.
A: No, Notices of Lis Pendens are not universally valid in all jurisdictions across Europe and North America since they vary depending on local real estate laws and regulations. Therefore, it is important to familiarize yourself with both state and federal laws regarding lis pendens prior to filing one to ensure that your document meets all requirements necessary for its validity in your jurisdiction.

Q: How does filing a Notice of Lis Pendens affect my rights?

Asked by Ava on June 29th, 2022.
A: Filing a Notice of Lis Pendens does not automatically confer any special rights upon you; however, it does provide public notice that you have initiated legal action regarding your property which can help protect you from third-parties who might otherwise acquire or gain access to it without knowledge of your legal proceedings. Additionally, if your case is successful at trial then you may obtain additional rights regarding ownership or possession which would not have been available without filing this document first.

Q: Is there any way I can avoid having to file a Notice of Lis Pendens?

Asked by Michael on August 1st, 2022.
A: Generally speaking, no; if you wish to initiate legal action regarding title or possession over real estate then filing a lis pendens is typically required in order for those proceedings to proceed normally without interference from third-parties who may have had no knowledge of your case otherwise. However, there may be certain circumstances where an alternative method might be available depending on jurisdiction and other factors; consulting an experienced attorney can help determine whether or not this might be possible in your situation.

Q: Does filing a Notice of Lis Pendens cost money?

Asked by Emily on October 4th ,2022 .

A: Yes, filing a Notice of Lis Pendens typically involves paying certain fees associated with processing documents and other administrative costs incurred by courts when handling legal filings such as these; however, these fees vary depending on jurisdiction and other factors such as whether or not an extension has been requested or granted for the document’s validity period within that jurisdiction’s court system.

Example dispute

Notice of Lis Pendens Lawsuits

• A notice of lis pendens is a document that is filed with a court that puts potential buyers on notice that a certain property is the subject of a pending lawsuit.
• A plaintiff can raise a lawsuit referencing a notice of lis pendens if the defendant has attempted to transfer ownership of the property without resolving the dispute.
• The plaintiff can claim that the defendant has attempted to transfer the property in order to avoid paying damages or otherwise settle the dispute, and that the sale should be cancelled.
• The plaintiff can also seek an injunction to prevent the sale from going through, or seek damages for any losses they may have suffered due to the attempted sale.
• The court may consider a variety of factors when assessing the case, such as the size of the proposed sale, the nature of the dispute, and the amount of time since the lawsuit was filed.
• If the plaintiff can demonstrate that the proposed sale was an attempt to avoid paying damages or otherwise resolve the dispute, they may be able to win the lawsuit and have the sale cancelled, or seek damages for any losses they may have suffered due to the attempted sale.

Templates available (free to use)

Discharge Of Lis Pendens General Minnesota Notice
Discharge Of Lis Pendens New Jersey
Eminent Domain Lis Pendens Notice
Lis Pendens Florida Notice
Lis Pendens General Minnesota Notice
Lis Pendens Georgia Notice
Lis Pendens Illinois Notice
Lis Pendens Mechanic S Liens Minnesota Notice
Lis Pendens New Jersey Notice
Lis Pendens Texas Notice
Memorandum Of Lis Pendens Massachusetts
Praecipe To Index As Lis Pendens Pennsylvania
Praecipe To Remove Lis Pendens Pennsylvania
Release Of Lis Pendens Illinois
Release Of Lis Pendens Texas
Voluntary Dissolution Of Memorandum Of Lis Pendens Massachusetts Notice

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