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Lis pendens is a Latin term which literally means a pending suit.
A ?lis pendens notice? is a notice recorded in a real property's chain of title and is designed to enable interested third parties to discover the existence and scope of pending litigation affecting the title to or asserting a mortgage, lien, security interest, or other interest in real property.
A notice of lis pendens under Illinois law for filing in the public records (the office of the county recorder) to provide constructive notice to third parties of a pending legal proceeding affecting or involving Illinois real property.
Legal Definition of lis pendens 1 : a pending suit. 2 : a written notice of a pending suit involving property usually filed in the appropriate office (as a registry of deeds) ? called also notice of pendency. 3a : the jurisdiction and control of the court over property involved in a pending suit.
A Release of Lis Pendens is a counterclaim wherein it provides recourse for defendants pursuing to sell a property. The Release of Lis Pendens Surety Bond ensures to cover the cost of the Lis Pendens to release the property back to the defendant.
Another way a homeowner might get a lis pendens removed is by filing a motion to remove with the court. He or she can then demonstrate that there is little or no proof that the complainant in the suit will prove ownership of the real estate property at the hearing.