In addition to other legal terms “lis pendens” is a Latin expression. As someone lacking a legal background, the expression is probably not comprehensible to you. The expression deserves a thorough explanation since it’s an important one to know, so read on.
“Suit pending” is the literal translation of “lis pendens.” You can utilize this term to discuss any court case that does not presently have a final decision in the United States. As a potential homebuyer, how does this affect you? More than you might initially think, actually.
Lis pendens has a more real estate-specific interpretation these days, even though it was traditionally a term used to refer to any presently pending court case. Lis pendens currently only refers to a filed written notice about real property, and occasionally also in matters of parental responsibility. This can refer to either the title to the land or a circumstance where there is a claimed ownership interest, in regards to property-related matters. The lis pendens, or notice, can normally be found filed in a county land records office.
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It is imperative to understand the ramifications for a potential homebuyer. When the land’s title is being contested in some way, the lis pendens acts a notice to a potential buyer. If you fail to pay attention to the warnings of a lis pendens for a particular piece of land and you purchase it anyhow, there are further complications with which you now have to contend. Anybody who purchases land described in the lis pendens takes the land subject to the final decision in the pending lawsuit. A buyer or a lender will consider the put to be substantially less attractive if this is the case.
Learning another legal term may be appropriate at this point: caveat emptor. Beyond the term’s English translation, no further explanation is required. Caveat emptor is merely the swanky legal way of saying “buyer beware,” but its meaning that due diligence should be used whenever possible during the home buying experience is advice that should be taken. Confirm that the property’s title can be taken free of any encumbrances by consulting with your local county land records office. So much future home buying heartache could be avoided by one quick and simple task.
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