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?
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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 5 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.
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