Broker listed as defendant on Lis Pendens?

Question

There's an absentee-owner house I've been watching in my neighborhood that recently went into pre-foreclosure. I'm considering reaching out to the owner to make an offer on the house, but I've noticed something weird during my due diligence. On the Lis Pendens for this house, there is a local real estate broker listed as a defendant alongside the homeowner. After searching his name, it turns out he was the developer of the neighborhood.

I was able to locate the release of mortgage from when he sold the lot to the builder, so it seems to me that this is a mistake. Is there any reason that it might not be?

Tom Gimer · Answer

@Chris Kitchens You need to pull the docket for the lawsuit referenced in the notice of lis pendens. It’s not necessarily a foreclosure case.

Including as a defendant in the lawsuit someone who would likely be a superior lien holder suggests to me there is more going on than a straightforward foreclosure.

Or it could be something simple like an unreleased lien and the court is being asked to quiet title or otherwise weigh in on lien priority.

Let us know how it shakes out.