Articles Tagged with constructive notice

Underwood-Blog-Images-3-300x300A lis pendens – also called a notice of pendency of action – is a special type of legal document filed with a county recorder. Though its use is limited to lawsuits involving real property claims, its effect is powerful. Once recorded, it acts as “constructive notice” to all persons who would subsequently acquire an interest in the property at issue that a lawsuit is occurring.

This small legal tool, however, can sometimes prove itself to be subtlety abusive. When bad-faith litigants file them, they essentially act as injunctions against encumbrances and sales of property, drastically affecting the rights that property owners should have.

For this reason, litigants have the option to expunge a lis pendens outright, though it is no light undertaking. At Underwood Law Firm, our expert attorneys are more than knowledgeable on expungement motions and their intricacies and are prepared to assist you in your real estate litigation.

Underwood-Blog-Images-1-300x300A lis pendens – also called a notice of pendency of action – is a special type of legal document filed with a county recorder. Though its use is limited to lawsuits involving real property claims, its effect is powerful. Once recorded, it acts as “constructive notice” to all persons who would subsequently acquire an interest in the property at issue that a lawsuit is occurring.

In this way, a lis pendens protects title holders as they proceed through litigation and, more importantly, the appeals process. The attorneys at Underwood Law Firm have filed countless lis pendens notices and are more than familiar enough with their requirements to assist you in your real estate litigation.

When can you file a lis pendens?

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