Discharging Lis Pendens in Ohio

Lis pendens, Latin for "suit pending," is written notice that a lawsuit has been filed which concerns the title to, or interest in, a specific parcel of real property. The notice alerts potential lenders or buyers that the title to the property has come into question because of the pending legal action.

Ohio's statutes do not provide much guidance regarding lis pendens. Sections 2703.26-27 of the Ohio Revised Code discuss recording locations for the notice and restrict property transfers while the title is subject to lawsuit. Section 5309.58 clarifies the same details for registered land.

Once a lis pendens is filed, what about removing it? The process varies by state, but in general, removal happens one of two ways: expungement (removal) or discharge. Expungement requires a judicial directive to cancel the notice. The judge's order gets recorded, according to state and local requirements, and anything else necessary for the specific situation. For discharge, the party who filed the original notice completes and records a document that officially withdraws the complaint.

The discharge form identifies the parties, the property subject to lawsuit, court details and case number, and any other information relevant to the specific situation. Because it gets entered into the property records, the form should meet state and local recording standards.

Discharging a lis pendens can be tricky. Take time to understand the rules. Don't hesitate to speak to an attorney with questions about the lis pendens process, or for any other issue related to real property in Ohio.

(Ohio Lis Pendens Discharge Package includes form, guidelines, and completed example)

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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Common Uses for Lis Pendens Discharge

Establish priority of a legal claim on real property
File notice of a boundary dispute or quiet title action
Protect your interest in a property during a divorce proceeding
Alert lenders to pending litigation that may affect collateral
Prevent the sale of a property while a lawsuit is pending
Alert potential buyers that a property is subject to litigation

Compare other Ohio deed forms and documents

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Important: County-Specific Forms

Our lis pendens discharge forms are specifically formatted for each county in Ohio.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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