Alabama Lis Pendens

"Lis Pendens" Latin for "Pending Suit". A Lis Pendens is recorded at the probate court when the essence of the matter is related to real property described in the Lis Pendens. In the case of a Mechanics Lien, the Lis Pendens is filed after the judgement has been proclaimed and foreclosure is started. The foreclosure affects title to the property. In a divorce case, if one spouse owns the property solely, a Lis Pendens is often filed to prevent the sale of said property before the divorce is settled. When a purchaser of property does a title search and sees a Lis Pendens, they know that there is pending litigation, and if they purchase the property they would be held to the outcome of the litigation. Imagine buying a house and the settled litigation says one spouse gets $90,000 for their equity in the house. A buyer could be held to that outcome since they purchased with a Lis Pendens Notice attached. An Alabama Lis Pendens states: The court of the pending case, county of the pending case, case number, object of case, Plaintiff (person(s) filing the case), and Defendant (Person(s) defending the case). Many times, a case has multiple plaintiffs and/or defendants, which need to be listed on the Lis Pendens Form, this form has space for up to 8 of each.

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