Monday, August 5, 2013

Filing a Lis Pendens in Nevada.

A lis pendens, in Latin, means "pending lawsuit." In modern usage, it means a notice of a pending lawsuit that is recorded in county real estate records.  It is a public recording against subject real property giving notice to any purchasers of a pending court dispute potentially effecting title. It requires no decision or action by the court to file and merely entails filing the document with the court and recording it against the real property at the County Recorder’s Office.  In Nevada, a lis pendens can be filed against real property only certain circumstances.[1]

The action must involve some legal interest in the challenged real property, such as title disputes or lien foreclosures.  NRS 14.010 (a party to a civil action “for the foreclosure of a mortgage upon real property or affecting title or possession of real property” may record a lis pendens); In re Bradshaw, 315 B.R. 875 (Bkrtcy.D.Nev.2004).