What is a lis pendens?

A lis pendens is a legal document filed with the Register of Deeds in a North Carolina county that puts the public on notice of litigation involving a particular piece of property. The document typically contains a brief description of the property and the court case that pertains to it. The purpose of the lis pendens is to prevent the defendant from transferring or selling the property or using it as collateral in another transaction until the court case is resolved. The phrase lis pendens is Latin for “suit pending.” After filing the lis pendens, both parties must serve copies of the document on each other. The lis pendens also provides the defendant with an opportunity to oppose the document and prevent it from being recorded in the public records. In North Carolina, a lis pendens is considered “constructive notice” to the public of the litigation. A lis pendens is an important part of North Carolina Property Law because it helps protect the rights of both parties involved in the litigation. It serves as a warning to potential buyers or lenders that the property is subject to a legal dispute, which may affect title to the property or the rights of the parties associated with it. Additionally, the lis pendens allows the plaintiff to ensure that the property is not subject to any claims or liens arising from the litigation, which could reduce their chances of recovering the full amount of damages for which they are suing.

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What is a lis pendens?

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