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How to Find Lis Pendens on Your Property: A Definitive Guide

Discovering a lis pendens clouding your property title can be unsettling. But fear not, this guide, crafted from years of navigating the intricate world of real estate law, will arm you with the knowledge to locate, understand, and address this encumbrance. The answer is surprisingly straightforward: You find a lis pendens on your property by conducting a title search, typically through a title company, attorney, or by searching public records at the county recorder’s office or online if available. This search will reveal any recorded documents affecting your property’s ownership, including lis pendens. Now, let’s delve deeper into the nuances of this process.

Understanding Lis Pendens

Before diving into the “how,” let’s establish a solid understanding of what a lis pendens actually is. Literally translated from Latin, it means “suit pending.” In essence, it’s a public notice that a lawsuit has been filed concerning a specific property. It serves as a warning to potential buyers or lenders that the property’s ownership or use is subject to ongoing litigation. Think of it as a flashing red light on your property’s title, alerting anyone considering a transaction.

A lis pendens doesn’t guarantee the lawsuit will be successful, nor does it freeze the property from being sold. However, it does put anyone dealing with the property on notice that they could be bound by the outcome of the lawsuit. This can significantly impact the marketability and value of the property.

The Steps to Finding Lis Pendens

Here’s a breakdown of the methods you can employ to uncover a lis pendens attached to your property:

1. Title Search: The Cornerstone

The most reliable method is a title search. This comprehensive examination of public records aims to uncover any encumbrances, liens, or claims affecting your property’s title. You can engage professionals to conduct this search, or, if you’re feeling adventurous (and patient), tackle it yourself.

Working with a Title Company: This is the most common and often recommended approach. Title companies have specialized software and expertise to efficiently search records and provide a title report outlining any potential issues. They also offer title insurance, which protects you against losses arising from title defects, including undiscovered lis pendens.
Engaging an Attorney: A real estate attorney can also conduct a title search and, more importantly, interpret the findings. Their legal expertise is invaluable in assessing the potential impact of a lis pendens and advising you on the best course of action.
DIY Title Search at the County Recorder’s Office: For the truly dedicated, you can perform a search yourself at the county recorder’s office where your property is located. This involves sifting through public records, indexes, and potentially microfiche (yes, they still exist!). While cost-effective, it’s time-consuming and requires a meticulous approach.

2. Online Records Search

Many counties now offer online access to their public records. This can be a convenient way to initially screen for a lis pendens. Search for your property using its address, owner’s name, or parcel number. Look for documents with keywords like “lis pendens,” “notice of pendency,” or references to pending lawsuits involving the property.

Important Note: Online records may not always be complete or up-to-date. Always verify your findings with an official title search conducted by a professional.

3. Reviewing Past Title Reports and Insurance Policies

If you’ve purchased or refinanced your property previously, dig out your old title reports and title insurance policies. These documents would have revealed any existing lis pendens at the time of their creation. However, keep in mind that a lis pendens could have been filed after the date of these documents.

Deciphering the Title Report

Once you have a title report, carefully review it for any mention of a lis pendens. The report should provide information such as:

The case number and court where the lawsuit is filed.
The parties involved in the lawsuit.
A brief description of the claim against the property.
The date the lis pendens was filed.

Understanding this information is crucial for assessing the potential impact of the lis pendens on your property.

Addressing a Lis Pendens

Finding a lis pendens doesn’t have to be a disaster. Here’s how to approach the situation:

Consult with an Attorney: This is paramount. An attorney can analyze the lawsuit underlying the lis pendens, advise you on your legal options, and represent you in negotiations or litigation.
Negotiate with the Plaintiff: Depending on the nature of the lawsuit, you may be able to negotiate a settlement that results in the lis pendens being lifted.
Motion to Expunge the Lis Pendens: In some cases, you can file a motion with the court to have the lis pendens expunged (removed). This is typically done if the lawsuit lacks merit or if the property is not directly involved in the dispute.

Frequently Asked Questions (FAQs)

1. What is the difference between a lis pendens and a lien?

A lis pendens is a notice of a pending lawsuit concerning a property, while a lien is a claim against the property for a debt owed. A lis pendens doesn’t necessarily mean you owe money; it simply indicates a legal dispute. A lien, such as a mortgage or mechanic’s lien, represents a financial obligation.

2. How long does a lis pendens last?

A lis pendens typically remains in effect until the lawsuit is resolved or the court orders it to be removed. Some states have specific statutes limiting the duration of a lis pendens.

3. Can I sell my property with a lis pendens on it?

Yes, you can sell your property with a lis pendens, but it will likely be more challenging. You must disclose the lis pendens to potential buyers, and they may be hesitant to purchase the property due to the uncertainty surrounding the lawsuit.

4. Does a lis pendens affect my credit score?

No, a lis pendens does not directly affect your credit score. However, the underlying lawsuit that led to the lis pendens could potentially affect your credit score if it involves a debt that you fail to pay.

5. How much does it cost to remove a lis pendens?

The cost to remove a lis pendens varies depending on the complexity of the situation. Attorney fees, court costs, and potential settlement payments can all contribute to the overall expense.

6. Can I file a lis pendens myself?

Generally, you must be a party to the lawsuit concerning the property to file a lis pendens. Furthermore, you should consult with an attorney before doing so, as there are legal requirements and potential penalties for filing a frivolous or improper lis pendens.

7. What are the grounds for expunging a lis pendens?

Common grounds for expunging a lis pendens include: the lawsuit lacks merit, the property is not directly involved in the dispute, or the plaintiff has failed to adequately prosecute the lawsuit.

8. How does a lis pendens affect refinancing?

A lis pendens can make it difficult to refinance your property. Lenders are often hesitant to provide financing when there’s a cloud on the title, as it increases the risk of future title disputes.

9. What happens if I ignore a lis pendens?

Ignoring a lis pendens is not advisable. The outcome of the underlying lawsuit could significantly impact your property rights. It’s crucial to seek legal advice and take appropriate action to protect your interests.

10. Is a lis pendens public record?

Yes, a lis pendens is a public record, filed with the county recorder’s office where the property is located. This ensures that anyone searching the title will be aware of the pending lawsuit.

11. How can I prevent a lis pendens from being filed against my property?

The best way to prevent a lis pendens is to avoid legal disputes concerning your property. Fulfill your contractual obligations, maintain your property in good condition, and address any potential issues promptly.

12. What information is required to file a lis pendens?

To file a lis pendens, you typically need to provide the following information: the case name and number of the lawsuit, the court where the lawsuit is pending, a description of the property involved, and the names of the parties involved in the lawsuit.

Understanding and addressing a lis pendens requires careful attention and often, professional guidance. By following the steps outlined in this guide and consulting with legal experts, you can navigate this complex situation and protect your property interests.