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lis pendens

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 reviewed in June of 2023 by the Wex Definitions Team
]

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