Do I need to file a lis pendens?

UPDATED: Oct 1, 2022

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Do I need to file a lis pendens?

We have a family dispute over a loan for a down payment for an investment property and now the family member had started to demand repayment, the family member has also start a lien process but not recorded the filing of a lien on the property yet. The agreement was to pay of f the loan when the house sold. However, they demanded money before the actual sale of the property and have been repaid over $14,000 in 3 months to them so far. The property is on the

market but has not sold yet. One of the issues is that we dont have an air tight contract, which now would be considered a verbal agreement due to the reason. We can sell the house with a lien on it, which means he is can not get the remaining amount until then.

Asked on February 19, 2018 under Real Estate Law, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

A lis pendens is used when there is a dispute over who has title to the property, not over whether money is owed. If the loan agreement contained a security interest allowing foreclosure, a lis would be be appropriate, since then title is implicated. Otherwise, if it's only about money, a lis is not appropriate.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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