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Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 32729
Experience:  Began practicing law in 1992
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Can my lawyer file lis pendens in ADVANCE of filing of LAW

Customer Question

Can my lawyer file lis pendens in ADVANCE of filing of LAW suit if there is a genuine concern the subject property will be sold or retitled quickly to a third party to avoid any liens or lis pendans?
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Dwayne B. replied 8 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Yes, a Lis Pendens can be filed before a lawsuit is actually filed. However, it acts as a cloud on the title and so if it is filed "without a basis" then the person filing it can be sued.

Some people representing themselves file these when they are in a lawsuit and want the house to be available to have a lien placed against it after the case is over but that is not a reason for a lis pendens. A lis pendens can only be used when the land itself is the subject of the lawsuit. I think someone on here told me once that they reads on some website that a lis pendens could be used to block the sale of property when the owner was being sued for any reason but that is absolutely incorrect.

To sum up, yes, your lawyer can file a Lis Pendens in advance of filing the lawsuit so long as the property is the basis of the lawsuit.