In general, lis pendens is Latin for “suit pending.” It is used in several contexts:
- “Lis pendens” is construed to be the jurisdiction, power, or control which courts acquire over property involved in a suit, pending the continuance of the action, and until final judgment.
- A “lis pendens notice” is a notice recorded in a real property’s chain of title and is designed to enable interested third parties to discover the existence and scope of pending litigation affecting the title to or asserting a mortgage, lien, security interest, or other interest in real property.
- The notice warns all persons that any interests acquired during the pendency of the suit are subject to its outcome.
- “Lis pendens doctrine” permits the dismissal of the later action filed when two or more lawsuits are pending.
- It is designed to protect a defendant from having to defend several suits on the same cause of action at the same time.
- The doctrine requires more than a mere allegation of a pending suit; it requires proof the prior case is the same, the parties are substantially the same, and the relief requested is the same.
- This three-pronged identity test must be strictly applied when a party seeks to dismiss a claim under the doctrine.
[Last updated in June of 2023 by the Wex Definitions Team]