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FAQ

Lenders are usually unwilling to finance a mortgage until the lis pendens has been removed from the title. In addition, while a property can still be sold while there is a lis pendens, title companies will not insure the property, and that alone should be a deterrent to purchasing.

A Lis Pendens isn't a lien or mortgage against the property but it can have the same effect. A lis pendens is a cloud on the property's title.As long as the Lis Pendens is there, you can forget selling or refinancing your property2026 unless to you're dealing with a hard money lender or buyer willing to take high risks.

Because lis pendens are typically recorded in the real property records, the effect of lis pendens is that it puts others on notice that there is a dispute concerning the real property.

How long does a lis pendens last? The amount of time a lis pendens lasts depends on the state you live in and can vary from months up to a year. If you intend to file a lis pendens, or have one filed against you, make sure you speak with a lawyer to determine the time frame based on your state.

Lis pendens provides constructive notice, or a warning, to prospective homebuyers that the ownership of a property is in dispute and there is litigation pending. Lis pendens can only be filed if a claim is related specifically to the property.

A lis pendens may be removed through a motion to expunge. A motion to expunge may be granted if the underlying lawsuit or other court action does not contain a real property claim that has probable validity. The motion will be granted it if is more likely than not that the underlying lawsuit or claim will fail.

The lis pendens can be removed once the lawsuit is settled and the court has ruled on an outcome. It might also be resolved on its own if an agreement is reached between the title owner and whoever filed the complaint. If the claim was wrongfully filed, the lis pendens will be expunged.

Similarly, a lis pendens constitutes an encumbrance against the owner's title to the property.Thus, the recordation of a lis pendens has a chilling effect on any resale or refinancing of the property pending the conclusion of the litigation.

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