What is a Lis Pendens in Real Estate?
Have you heard of a lis pendens and wondered what it means for real estate? Don’t worry if you haven’t. The term “lis pendens” might sound like legal jargon, but it’s an essential concept in property transactions. Let’s break it down.
A lis pendens (real estate definition) refers to a formal notice filed in public records. It alerts potential buyers that there’s an ongoing lawsuit involving a property.
It’s worth noting that a real estate lis pendens doesn’t mean your property dreams are finished. While it can make things quite confusing, it’s not necessarily a deal-breaker.
Want to know how to handle these situations? Keep reading to understand the ins and outs of dealing with a real estate lis pendens and uncover the true lis pendens meaning.
Filing a Lis Pendens
Why would someone go through the trouble of filing lis pendens? Well, there are several reasons, and they all boil down to protecting one’s interests in a property. Let’s explore some common scenarios.
- Ownership Disputes: Say you bought a house, but someone else claims they’re the rightful owner. They might file a lis pendens to prevent you from selling the property while the lawsuit is ongoing. This ensures that if they win the case, the property hasn’t been sold to an unsuspecting third party.
- Contract Disputes: Let’s say you agreed to sell your house, but the buyer claims you’re not holding up your end of the bargain. They might file a lis pendens to force you to follow through with the sale or to prevent you from selling to someone else.
- Divorce: Divorce proceedings can also trigger filing lis pendens. When couples split up, property division can get messy. One spouse might file a lis pendens to ensure the other doesn’t sell off shared assets before the divorce is finalized.
- Boundary Disputes: Boundary disputes between neighbors can lead to a notice lis pendens too. If your neighbor believes part of your property actually belongs to them, they might file a lis pendens to protect their claim while the issue is sorted out in court.
- Non-payments: Contractors or suppliers who haven’t been paid for work on a property might file a notice lis pendens as well. This is often called a mechanic’s lien, and it’s their way of ensuring they get paid before the property changes hands.
So what happens after lis pendens is filed? Well, it becomes part of the public record, visible to anyone who does a title search on the property. This serves as a red flag to potential buyers and lenders, warning them that there’s a legal issue that could affect the property’s ownership or value.
It’s important to note that filing a lis pendens is a serious matter. Wrongful filing of lis pendens can lead to legal consequences. If someone files a lis pendens without a valid claim, they could be sued for slander of title and held liable for damages.
Can You Sell Property with a Lis Pendens
Now, let’s tackle the big question: how does a lis pendens affect a potential sale? It’s a tricky situation, but not an impossible one.
First off, yes, you can technically sell a property with a lis pendens filed against it. However, it’s not going to be easy. The lis pendens acts like a big “caution” sign for potential buyers and their lenders. It signals that there’s some legal uncertainty surrounding the property.
In California, for example, a lis pendens California filed against a property can seriously complicate sales transactions. Buyers are often wary of getting involved with a property that’s tangled up in legal issues. After all, who wants to buy a house only to find out later that someone else might have a claim to it?
Lenders are even more cautious about properties with a lis pendens California. They’re in the business of minimizing risk, and a pending lawsuit is a big red flag. Many lenders will refuse to approve a mortgage for a property with an active lis pendens. This significantly narrows your pool of potential buyers to those who can pay cash or are willing to take on the risk.
But don’t lose hope yet. A lis pendens action is effective in protecting the plaintiff’s potential interest in the property, but it doesn’t completely freeze all transactions. Some buyers might still be interested, especially if they understand the nature of the lawsuit and believe it will be resolved in your favor.
If you do find a willing buyer, you’ll need to be upfront about the lis pendens. Full disclosure is not just ethical, it’s legally required in most cases. You’ll need to explain the nature of the lawsuit, its current status, and any potential outcomes that could affect the property.
Buying a House with a Pending Lawsuit
Let’s flip the script and look at this from a buyer’s perspective. Why would someone consider buying a house with a lis pendens?
There are actually several reasons why selling the property during a lawsuit might happen, and why a buyer might be interested. Here are some of them:
Financial Pressure
Sometimes, the owner of a property with a lis pendens might be under financial strain. Legal battles can be expensive, and the owner might need to sell quickly to cover their costs. This can create an opportunity for buyers who are willing to take on some risk in exchange for a potentially good deal.
For example, a homeowner facing mounting legal fees might be more willing to negotiate on price. They might prefer a quick sale, even at a discount, over a drawn-out legal process. But buyers beware: you’ll need to do your homework to make sure you’re not inheriting more trouble than the discount is worth.
Confidence in Resolution
Sometimes, the lawsuit that led to the lis pendens might be nearing resolution. If the seller believes the case will be decided in their favor soon, they might decide to put the property on the market in anticipation of a positive outcome.
Buyers who do their due diligence and feel confident about the likely resolution of the lawsuit might see this as an opportunity. They could potentially secure a property at a good price, betting on a favorable legal outcome. However, this strategy isn’t for the faint of heart. It requires careful research and a willingness to accept some level of risk.
Distressed Property Opportunities
Sometimes, a lis pendens might be filed on a property that’s already in distress. For example, a property facing foreclosure might have multiple legal claims against it. Investors or buyers looking for fixer-upper opportunities might see potential in these situations.
These buyers often have the cash reserves to weather potential legal storms and the expertise to handle complex transactions. They might be willing to buy the property, resolve the legal issues, and then either resell at a profit or hold onto it as a long-term investment.
Misconceptions About Lis Pendens
Interestingly, some sellers might put their property on the market simply because they don’t fully understand the implications of a lis pendens. They might believe that selling the property will make the legal issue go away. While this isn’t typically the case, it can lead to properties with a lis pendens hitting the market.
Savvy buyers who understand the nature of lis pendens might see these situations as opportunities to educate sellers and potentially negotiate favorable terms. However, it’s essential for both parties to seek legal advice to fully understand the implications of the transaction.
How to Remove a Lis Pendens
If you’re dealing with a lis pendens on your property, you’re probably wondering how to get rid of it. The good news is that it’s possible to remove a lis pendens, but the process can be complex and varies depending on the circumstances.
The most straightforward way to remove a lis pendens is to resolve the underlying lawsuit. If the case is settled or dismissed, the plaintiff should voluntarily withdraw the lis pendens. This typically involves filing a release of lis pendens with the county recorder’s office. Once this is done, the lis pendens is no longer in effect, and the cloud on your property title is lifted.
But what if the plaintiff won’t voluntarily remove the lis pendens? That case, you might need to file a motion to remove lis pendens with the court. This is a formal request asking the judge to order the removal of the lis pendens.
To succeed with this motion, you’ll typically need to show one of two things. First, you could argue that the lis pendens wasn’t properly filed. Maybe the lawsuit doesn’t actually involve a claim to the property, or perhaps the proper procedures weren’t followed when filing the lis pendens.
Alternatively, you could argue that the underlying lawsuit lacks merit. This is a tougher argument to make because courts are often reluctant to examine the merits of a case at this early stage. However, if you can show that the lawsuit is clearly frivolous or that the plaintiff has no chance of winning, the court might agree to remove the lis pendens.
Another option in some jurisdictions is to post a bond. This involves depositing money with the court to guarantee that the plaintiff’s interests will be protected even if the lis pendens is removed. If the court accepts your bond, they may order the lis pendens removed, allowing you to sell or refinance your property.
It’s worth noting that removing a lis pendens doesn’t make the underlying lawsuit go away. The legal battle will continue, but at least your property won’t be tied up in the meantime. This can be essential if you need to sell or refinance.
Throughout this process, it’s important to work with an experienced real estate attorney. They can guide you through the details of lis pendens removal and help you choose the best strategy for your situation. Keep in mind that every case is unique, and what works in one situation might not be appropriate in another.
Can You Sell a Property with a Lis Pendens?
The short answer? Yes, you can you sell a house with a lis pendens. But it’s not always easy, and there are several steps you’ll need to take. Let’s break it down:
Disclose, Disclose, Disclose
First things first: you must be upfront about the lis pendens. Hiding it from potential buyers isn’t just unethical, it could land you in legal hot water. Make sure all interested parties know about the pending lawsuit and its potential implications.
Price It Right
Given the legal cloud hanging over your property, you might need to adjust your expectations on price. Some buyers might be scared off entirely, while others might expect a discount for taking on the risk. Work with a real estate professional to price your property competitively.
Target Cash Buyers
Since many lenders shy away from properties with a lis pendens, focusing on cash buyers can increase your chances of a successful sale. Investors or buyers with significant cash reserves might be more willing to take on a property with some legal baggage.
Get Legal Help
Don’t try to handle this alone. A real estate attorney can help you understand your options and ensure you’re protecting yourself throughout the sale process. They might even be able to help resolve the underlying lawsuit, making your property more attractive to buyers.
Consider Alternative Solutions
If selling proves too difficult, you might want to explore other options. Can you resolve the lawsuit? Is it possible to have the lis pendens removed? Sometimes, addressing the root cause is the best path forward.
Be Patient
Selling a property with a lis pendens often takes longer than a typical sale. Be prepared for a potentially extended timeline and keep your cool throughout the process. With persistence and the right approach, you can overcome this hurdle.
Dealing with a lis pendens can feel like walking through a legal maze, but it’s not an insurmountable obstacle. Whether you’re a seller trying to offload a property with a pending lawsuit or a buyer considering such a purchase, understanding the ins and outs of lis pendens is key.
Although a lis pendens complicates things, it doesn’t make a property sale impossible. With the right approach, proper disclosures, and often some legal help, these transactions can and do happen. The key is to go in with your eyes wide open, understanding the risks and potential rewards.
If you’re facing a lis pendens situation, don’t panic. Seek professional advice, explore your options, and make informed decisions. Whether you’re removing a lis pendens, selling a property with one, or considering buying such a property, knowledge is your best tool.
Real estate transactions are challenging enough without throwing legal disputes into the mix. But with patience, perseverance, and the right team on your side, you can successfully handle the tricky waters of lis pendens and reach your property goals.
FAQ
A real estate lis pendens is a formal notice filed in public records indicating that there’s a pending lawsuit involving a property. It serves as a warning to potential buyers that there’s a legal dispute that could affect the property’s ownership or value.
Yes, you can sell a property with a lis pendens, but it can be challenging. You’ll need to disclose the pending lawsuit to potential buyers, and you might face difficulties finding buyers or securing financing for them.
The time it takes to remove a lis pendens varies depending on the circumstances. If the underlying lawsuit is resolved quickly, the lis pendens could be removed in a matter of weeks. However, if the case drags on or if you need to petition the court for removal, it could take months or even years.
Yes, a lis pendens can negatively impact property value. The uncertainty surrounding the property’s legal status often makes it less attractive to potential buyers, which can lead to lower offers or difficulty selling the property at market value.
No, a valid lis pendens cannot be filed without an associated lawsuit. The lis pendens is a notice of pending litigation, so there must be an actual lawsuit filed that relates to the property in question. Filing a lis pendens without a legitimate lawsuit can be considered wrongful and may result in legal consequences.