It is important to note that the presence of a " lis pendens " does " not " prevent or necessarily invalidate a transfer of the property, although it makes such a transfer subject to the outcome of the litigation.
12.
Some states "'lis pendens " statutes 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.
13.
A general creditor, who has not reduced the debt owed to a judgment, must file a " bill in equity " with the court and must file a notice of lis pendens on the property alleged to have been the subject of a fraudulent or voluntary conveyance.
14.
However, once the " lis pendens " is recorded, the recipient ( a " purchaser " or " grantee " pendente lite " " ) would be deemed to have notice of the litigation and might lose their title to the property if the plaintiff's suit prevails.
15.
The harsh effect of this rule, and its effect on innocent purchasers, led many jurisdictions to enact " lis pendens " statutes requiring a written notice, usually recorded in the land records where the real estate is located, for the notice provisions of the rule to be effective.
16.
Because nobody wants to buy real estate if its ownership is in dispute, a " lis pendens " notice effectively ties up the property until the case is resolved . " Lis pendens " notices are often filed in divorce actions when there is disagreement about selling or dividing the family home.
17.
Because nobody wants to buy real estate if its ownership is in dispute, a " lis pendens " notice effectively ties up the property until the case is resolved . " Lis pendens " notices are often filed in divorce actions when there is disagreement about selling or dividing the family home.
18.
Even when a clear choice of court agreement is in place ( and thus only that court would have exclusive jurisdiction ), that court must stay its proceedings if another court within the Brussels regime was seized earlier until that court has determined that it has no jurisdiction according to the lis pendens doctrine.
19.
"Pendente lite " should not be confused with " lis pendens " . " Lis pendens " also means " a pending lawsuit ", but " lis pendens " is a document filed in the public records of the county where particular real property is located stating that a pending lawsuit may affect the title to the property.
20.
"Pendente lite " should not be confused with " lis pendens " . " Lis pendens " also means " a pending lawsuit ", but " lis pendens " is a document filed in the public records of the county where particular real property is located stating that a pending lawsuit may affect the title to the property.
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