What is a lis pendens in civil law?

A lis pendens is a legal document filed with a county recorder in civil law in South Carolina. It serves as a public notification to anyone that a lawsuit has been filed regarding real estate, usually involving title, ownership, or possession of the property. It is a Latin phrase meaning a “pending suit”. When a lis pendens is filed, it affects the title of the real estate and makes it difficult for the property to be sold or alienated without considering the pending lawsuit. In South Carolina, filing a lis pendens is a jurisdictional pre-requisite for a lawsuit involving title, ownership, or possession of real property. The lis pendens must include the following information: (1) a description of the real estate; (2) the name of the party filing the lis pendens; (3) the names of the parties to the action; (4) a brief description of the action; (5) the court and county where the action is pending; and (6) the court case number. The lis pendens serves as a public record so that any potential buyers are aware of the pending lawsuit. It serves as an alert to the public that they should think twice before buying or selling the property, as it may be affected by the outcome of the lawsuit. It also allows the court to protect the rights of the plaintiff until the case is resolved.

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What is a lis pendens in civil law?

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