(lease pen-dense) n. Latin for "a suit pending," a written notice that a lawsuit
has been filed which concerns the title to real property or some interest in that
real property. The lis pendens (or notice of pending action) is filed with the clerk
of the court, certified that it has been filed, and then recorded with the County
Recorder. This gives notice to the defendant who owns real estate that there is
a claim on the property, and the recording informs the general public (and particularly
anyone interested in buying or financing the property) that there is this potential
claim against it. The lis pendens must include a legal description of the real property,
and the lawsuit must involve the property. Otherwise, if there is a petition to
remove the lis pendens from real property not involved in the lawsuit, the plaintiff
who originally recorded a false lis pendens will be subject to payment of attorney's
fees as a penalty. Example Joe Plumbob provides work and materials to Smith's home,
sues to enforce a mechanic's lien, but records a lis pendens describing three other
properties owned by Smith; Plumbob can be penalized by court order.
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