What is a lis pendens in civil law?

A lis pendens is a civil law concept that is used when real estate is involved in a legal dispute. It is an official notice that is filed with the court and states that a lawsuit is pending that is related to the title of a particular piece of real estate. The purpose of the lis pendens is to put anyone who is considering buying or selling the property on notice that there is a potential legal issue to investigate and be aware of. In Colorado, the lis pendens must meet certain criteria, including being in writing, being filed with the office of the county clerk, and identify the parties involved in the dispute, the property involved, the action pending, and the court where the action is pending. Furthermore, the lis pendens must be served upon all interested parties in the dispute, and any persons or entities claiming an interest in the property. If a lis pendens has been filed, and the potential buyer or seller is unaware of it, they must make sure to investigate beforehand so they can be aware of any potential legal disputes or issues that could affect their rights to the property. Knowing the existence of a lis pendens is especially important for a potential buyer so they can make an informed decision when making a purchase.

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