Lis pendens

In United States law, a lis pendens (Latin for 'suit pending'[1] ) is a written notice that a lawsuit has been filed concerning real estate, involving either the title to the property or a claimed ownership interest in it.

[4] Some states have lis pendens statutes which require the filer of the notice—in the event of a challenge to the notice—to establish that it has probable cause or a reasonable likelihood of success on the merits of its case in the underlying lawsuit.

[5] Under the common law, the mere existence of a lawsuit potentially affecting the title to real property had the legal effect of putting the entire world on constructive notice of the suit;[6] anyone acquiring an interest in real property which was the subject of a pending suit took that interest subject to the litigants' rights as they might be eventually determined, no matter how much later.

Thus, the owner is not prevented from selling the land for (non-borrowed) cash, pledging it as security for a speculative loan, or giving it away, all subject to the outcome of the lawsuit.

Once the lis pendens is recorded, however, the recipient (a "purchaser" or "grantee pendente lite")[12] would be deemed to have notice of the litigation and might lose their title to the property if the plaintiff's suit prevails.