lis pendens

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1. Latin for “suit pending.”

2. “Lis pendens” is construed to be the jurisdiction, power, or

control which courts acquire over property involved in a suit,

pending the continuance of the action, and until final judgment.

3. A “lis pendens notice” is a notice recorded in a real

property’s chain of title and is designed to enable interested third

parties to discover the existence and scope of

pending litigation affecting the title to or asserting

a mortgage, lien, security interest, or other interest in real

property. The notice warns all persons that any interests

acquired during the pendency of the suit are subject to its

outcome. 

4. “Lis pendens doctrine” permits the dismissal of the later action

filed when two or more lawsuits are pending. It is designed to

protect a defendant from having to defend several suits on the

same cause of action at the same time. The doctrine requires

more than a mere allegation of a pending suit; it requires proof

the prior case is the same, the parties are substantially the

same, and the relief requested is the same. This three-pronged

identity test must be strictly applied when a party seeks to

dismiss a claim under the doctrine.