What is a lis pendens and when can it be used in international litigation?
A lis pendens (Latin for "pending lawsuit") is a legal notice that a lawsuit has been filed involving a certain real estate property. This notice is usually filed in the land records and serves as public notice to all potential buyers of that property. In international litigation, a lis pendens can be used to alert potential buyers that the property in question is currently involved in litigation and may be subject to payment of claims or judgments after the court settles the dispute. The lis pendens can be especially useful in international litigation as it provides a way to notify foreign buyers and investors that they are potentially entering a transaction or making a purchase that involves real estate subject to legal action. Because of this, the lis pendens can act as a deterrent, making foreign buyers and investors less likely to purchase the property until the dispute is settled by the court. In Washington, a lis pendens can be filed in the Superior Court for the county in which the real estate is located. It must include the names of the parties involved, a description of the property and the date the suit was filed. The lis pendens will remain in effect until the case is decided by the court or dismissed by either party. In some cases, the court may also order that a lis pendens be expunged, which would remove the notice from public records.
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