What is a lis pendens and how can it be used in international litigation?

A lis pendens is a legal term that applies to the process of filing a notice of pending legal action. It is Latin for “suit pending” and is most commonly used in real estate law. In Massachusetts, a lis pendens can be used in international litigation when someone is filing a lien or claim against property located in a foreign country. In such cases, a lis pendens is filed in the county in which the property is located. This puts all potential buyers on notice that someone is making a claim against the property. In addition, it provides all parties—both those in the U.S. and abroad—with notice that a lawsuit is pending. When a lis pendens is filed in Massachusetts, the court in which the notice was filed will have jurisdiction over the case. This means that any future court proceedings, including the filing of lawsuits, must occur in the same court. As a result, the parties involved in the dispute have a better sense of the timeline and costs involved. In short, a lis pendens is a legal term referring to a notice of pending legal action. It is generally used in real estate law and can be filed in Massachusetts when someone is making a claim against foreign property. Upon filing, the court in which the notice was filed will have jurisdiction over the case and will need to be used for any future court proceedings.

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