Discovering a lis pendens on your property can be unsettling, but understanding how to find one is crucial for protecting your interests. A lis pendens, Latin for "litigation pending," is a formal notice filed in the court indicating that a lawsuit affecting your property is underway. This notice essentially puts the world on notice that the property's title might be affected by the outcome of the lawsuit. This guide will walk you through the process of finding a lis pendens on your property.
Understanding Lis Pendens
Before diving into the search process, it's important to understand what a lis pendens signifies. It doesn't automatically mean you'll lose your property, but it does indicate a significant legal challenge. Common reasons for lis pendens include:
- Foreclosure: A lender initiating foreclosure proceedings.
- Quiet Title Actions: A lawsuit to determine the rightful owner of the property.
- Mechanic's Liens: Unpaid contractors filing liens for services rendered.
- Boundary Disputes: Legal battles over property lines.
- Other Legal Claims: Any lawsuit impacting the property's title or ownership.
A lis pendens can significantly impact your ability to sell or refinance your property, so knowing about its existence is vital.
Where to Find Lis Pendens Records
The location of lis pendens records varies depending on your jurisdiction (county and state). Generally, they are filed in the county recorder's office or the county clerk's office where the property is located. Here's a step-by-step approach:
1. Identify Your County and State
First, pinpoint the exact county and state where your property is located. This is crucial as lis pendens records are maintained at the county level.
2. Locate the County Recorder's or Clerk's Office Website
Next, search online for "[Your County] Recorder's Office" or "[Your County] Clerk's Office." Most county offices have user-friendly websites with online search capabilities.
3. Use the Online Search Tool
Most county websites provide online search tools allowing you to look up property records. You'll typically need your property's legal description (found on your deed or tax assessment) or your property address. Some advanced search tools might require a parcel number or other identifying information.
4. Search for "Lis Pendens" or Similar Terms
Use keywords like "lis pendens," "pending litigation," "notice of pending action," or "litigation pending" in the search field. The specific wording might vary slightly depending on the county's database.
5. Review the Results Carefully
Once you've initiated your search, carefully examine the results. Pay close attention to the case number, the parties involved, the date of filing, and the description of the property. If you find a lis pendens related to your property, note down all the relevant details.
6. Contact the County Office (If Necessary)
If you encounter difficulties using the online search tool or if you can't find any records, contact the county recorder's or clerk's office directly. Their staff can guide you through the search process and may be able to provide additional assistance.
What to Do If You Find a Lis Pendens
Discovering a lis pendens requires immediate action. You should:
- Consult with a Real Estate Attorney: An attorney can advise you on the implications of the lis pendens and guide you on how to proceed.
- Review the Court Documents: Obtain copies of the court documents related to the lis pendens to understand the nature of the lawsuit.
- Monitor the Case: Keep track of the progress of the lawsuit and any relevant court filings.
Finding a lis pendens on your property isn't necessarily cause for panic, but it's a serious matter demanding prompt attention and professional legal counsel. By following these steps and seeking expert advice, you can navigate this situation effectively and protect your interests. Remember to always double-check your findings and consult legal professionals for personalized advice.
