Lis Pendens in Pennsylvania: Clouding Title During Litigation
How a 'suit pending' notice clouds title during real estate litigation — and how to remove an improper one.
What is a lis pendens in Pennsylvania?
A lis pendens — Latin for "suit pending" — is a public notice that a lawsuit affecting the title to or possession of a specific piece of real estate is underway. Once indexed, it warns anyone considering buying or lending against the property that the outcome of the litigation could affect their interest.
What a lis pendens does — and does not — do
A lis pendens does not create a lien or freeze the property. The owner can still try to sell or mortgage it. What it does is put the world on notice, so a buyer or lender takes the property subject to the result of the case. As a practical matter, that clouds title and makes a sale or refinance very difficult until the litigation is resolved.
When is a lis pendens used?
- Partition actions and other co-ownership disputes;
- Quiet title and boundary litigation;
- Specific performance claims to enforce a real estate sale;
- Disputes over deeds, mortgages, or fraudulent transfers.
Challenging or striking a lis pendens
Because a lis pendens can tie up a property, Pennsylvania courts can strike or cancel it — for example, when the lawsuit does not actually involve title to the land, or when fairness requires it. An owner facing an improper lis pendens can move to have it removed.
How Nochumson P.C. helps
Nochumson P.C. files and defends against lis pendens in real estate litigation throughout Pennsylvania, protecting owners' and investors' interests on both sides. Contact us to discuss your matter.
Related articles:
- Partition Actions in Pennsylvania: Forcing the Sale of Co-Owned Property
- Quiet Title Actions in Pennsylvania
- Adverse Possession in Pennsylvania: The 21-Year Rule
- Joint Tenancy vs. Tenancy in Common in Pennsylvania
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