Lis Pendens

A lis pendens is a notice of pending litigation. It constitutes constructive notice of any claims in the suit as to the land. In the absence of a lis pendens, a third person who has actual notice of a suit generally has the duty to inquire as to whether the suit may reflect a claim on the land. Therefore, the absence of a lis pendens or discharge of lis pendens by interlocutory court order does not relieve you from reviewing the suit. Some states establish a procedure (by bond, money, or guaranty) to expunge the lis pendens. You must secure approval from the Company in order to rely on this procedure.

Comment: If a person claiming an interest in the land is served by publication and does not enter an appearance, you must require a deed from that person unless subsequent extended actual use and state title examination customs justify reliance on citation by publication.

(1) Action must be discontinued and Notice of Pendency canceled by order of Court; and

(2) A deed is required from __(name[s])__, conveying the interest claimed.