lis pendens

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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 mortgageliensecurity 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]