When a lis pendens notice is filed does it have to be on the property in a civil lawsuit or can it be placed on all properties and assets?

Get Legal Help Today

 Secured with SHA-256 Encryption

When a lis pendens notice is filed does it have to be on the property in a civil lawsuit or can it be placed on all properties and assets?

I’m selling a home that is not even included in the civil lawsuit but the lender wants me to payoff the person before allowing the loan to process. There have been no judgements in the civil lawsuit at this date or time.

Asked on March 14, 2019 under Real Estate Law, West Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

A lis pendens is not used to secure a general debt; it is used when the ownership or title to a specific property is in dispute (e.g. there is a lawsuit over who has right or title to it), to ensure the property is not disposed of or transferred until the matter is resolved. So it should only be on property where there is a question over title or ownership, and if placed on property where title is not in question, you should be able to get the court to remove it. However, not that the lis can be placed without a lawsuit being first filed: the issue is not whether there is a lawsuit per se, but whether there is a dispute over who owns this property.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption