What is a lis pendens?

A lis pendens is a document filed in the public records of Massachusetts that alerts potential buyers that a claim or legal action is pending or has been brought to court involving the property that is being sold. This can happen when the seller has a dispute with the buyer over the terms and conditions of the sale, or when there is a dispute between two parties that are both claiming ownership of the same property. The lis pendens serves as a warning to potential buyers that they may have to deal with the unresolved issue, which can include loss of the sale, if the dispute is not resolved by the court. The lis pendens also forbids any changes of title until the dispute is settled, which allows the court to enforce the rights of the party initiating the dispute. The lis pendens also serves to put other parties on notice that the property is part of a legal action, allowing them to investigate the claim and to protect themselves against any potential damages associated with the dispute. The lis pendens must be filed with the registry of deeds and must contain the names of the parties involved in the legal dispute, the address of the property, the date the lis pendens was filed, a brief description of the legal action, and a reference to the court action. It typically stays in the public records until the court has made a determination of the dispute.

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What is a lis pendens?

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