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There are also lists of homes, called lis pendens, that have legal actions pending against them.
Pendente lite should not be confused with lis pendens.
Lis pendens also means "a pending lawsuit."
Lis pendens notices are often filed in divorce actions when there is disagreement about selling or dividing the family home.
Lis pendens is Latin for "suit pending."
When Remedios returned to the house on General Solano street, it was on lis pendens.
The recording office will record a lis pendens upon request of anyone who claims to be entitled to do so (e.g. because he has filed a lawsuit).
Because nobody wants to buy real estate if its ownership is in dispute, a lis pendens notice effectively ties up the property until the case is resolved.
Under New York law, a lis pendens, or notice of pendency of a claim against real property, must be valid, such as a pending divorce lawsuit.
Two certificates of incorporation were issued, and seventeen judgments, seven lis pendens, three mechanics' liens and one suit for negligence were filed.
If someone else with an interest in the property (e.g. the owner) believes the lis pendens is not proper, he can then file suit to have it expunged.
New foreclosure actions, referred to as lis pendens, are on the increase, according to Atlantic Foreclosure Research in New Hyde Park.
In current practice, a lis pendens is a written notice that a lawsuit has been filed concerning real estate, involving either the title to the property or a claimed ownership interest in it.
However, once the lis pendens is recorded, the recipient (a "purchaser" or "grantee pendente lite") would be deemed to have notice of the litigation and might lose their title to the property if the plaintiff's suit prevails.
The document, a lis pendens - Latin for "notice of a pending suit" - is typically filed when a loan is 90 days past due, and is used by lawyers as the first step in the lengthly process leading to foreclosure.
A civil fraud case against them has been filed on behalf of Louis Paolino, Jr. who lost more than $5.8 million, and a lis pendens has been placed on the Sarasota waterfront residences owned by both men.
Some states' lis pendens statutes require the filer of the notice, in the event of a challenge to the notice, to establish that it has probable cause or a good likelihood of success on the merits of its case in the underlying lawsuit; other states do not have such a requirement.
The harsh effect of this rule, and especially its effect on innocent purchasers (particularly vis-à-vis not-so-innocent sellers), led many jurisdictions to enact lis pendens 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.
Lis pendens is taken as constructive notice of the pending lawsuit, and it serves to place a cloud on the title of the property in question until the suit is resolved and the notice released or the lis pendens is expunged.