How to Sale my house with a Lis Penden?

Question

I am in the process of buying a house from someone and right at the last minute when the deal is supposed to close my title company calls me and tells me that there is a Lis Pendens on the property and the other can't sell it unless the person who put it on there lifts it. How do I get around this issue and continue my purchase?

Sadrud-Din Williams · Answer

Thank you all for your help. Every one of you gave e things to consider so thank you.

Jay Hinrichs · Answer

you can still buy it you just cant get title insurance..

Kyle J. · Answer

A Lis Pendens is not the same as a lien, so there may not even be anything to pay off. It’s basically just a notice that there’s a pending legal action where one party is asserting a claim to real property.

You don’t even know if the pending legal action will be successful or not. You just know it’s clouding the title.

I’d let the seller worry about it and have their attorney file a motion to expunge it if appropriate.

Wayne Brooks · Answer

Depends on the exact nature of the LP.....what exactly is it for? Assuming the LP is legitimate, the person filing it has to be paid off at closing.

Dustin Allen · Answer

@Sadrud-Din Williams Lis Pendens means it is subject to some sort of legal action. You definitely want that removed before doing anything else with that property. In my area, sellers will typically take it off the market and come back once their legal issues are resolved. A lawyer could probably be more specific about what you can and can’t find out about the details of the legal action. Either way, you don’t want that property until you can be assured the Lis Pendens has been removed. Good luck

How to Sale my house with a Lis Penden?

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