Lis Pendens in Pennsylvania - Revision history

Josephdebarberie at 15:55, 4 May 2023

2023-05-04T15:55:32Z

Josephdebarberie at 16:50, 26 October 2021

2021-10-26T16:50:35Z

Josephdebarberie: Created page with "In Pennsylvania, a "lis pendens" is only available when title to real property is at issue in a case or suit.''See, generally'', ''In re: Foremost Industries, Inc.'', 201..."

2021-10-26T16:42:27Z

Created page with "In Pennsylvania, a "lis pendens" is only available when title to real property is at issue in a case or suit.<ref>''See, generally'', ''In re: Foremost Industries, Inc.'', 201..."

New page

In Pennsylvania, a "lis pendens" is only available when title to real property is at issue in a case or suit.<ref>''See, generally'', ''In re: Foremost Industries, Inc.'', 2017 Pa Super 37 (Pa. Super. Ct. 2017)</ref> Lis pendens cannot be used to encumber a property based on claims for money damages before judgment is entered.<ref>As to judgment liens, see [[Civil Money Judgments in Pennsylvania]]</ref>

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-In Pennsylvania, a "lis pendens" is only available when title to real property is at issue in a case or suit.<ref>''See, generally'', ''In re: Foremost Industries, Inc.'', 2017 Pa Super 37 (Pa. Super. Ct. 2017)</ref> Lis pendens cannot be used to encumber a property based on claims for money damages before judgment is entered.<ref>As to judgment liens, see [[Civil Money Judgments in Pennsylvania]]</ref>
+=Overview=
-==== Underwriting Tips ====
+=General Principles=
-*Although a lis pendens should not be entered when only money damages are at issue, a lis pendens improperly entered on a docket, or recorded with the Recorder of Deeds, would still be a cloud on title and should be discharged or excepted from the transaction.<br>
+There doesn't appear to statewide rules for the form, content, and procedure of filing a Lis Pendens, but custom and practice is that a document (such as a Praecipe to Enter Lis Pendens) is filed with the Court of Common Pleas, and a certified copy may or may not be recorded with the County Recorder of Deeds. The Prothonotary (clerk of the Court of Common Pleas) is required to index Lis Pendens on the judgment index.<ref>204 Pa. Code § 173.1(a)(3)(i)</ref> Each County Court may have it's own rules surrounding filing a Lis Pendens.
-<br>

← Older revision		Revision as of 16:50, 26 October 2021
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	In Pennsylvania, a "lis pendens" is only available when title to real property is at issue in a case or suit.<ref>''See, generally'', ''In re: Foremost Industries, Inc.'', 2017 Pa Super 37 (Pa. Super. Ct. 2017)</ref> Lis pendens cannot be used to encumber a property based on claims for money damages before judgment is entered.<ref>As to judgment liens, see [[Civil Money Judgments in Pennsylvania]]</ref>		In Pennsylvania, a "lis pendens" is only available when title to real property is at issue in a case or suit.<ref>''See, generally'', ''In re: Foremost Industries, Inc.'', 2017 Pa Super 37 (Pa. Super. Ct. 2017)</ref> Lis pendens cannot be used to encumber a property based on claims for money damages before judgment is entered.<ref>As to judgment liens, see [[Civil Money Judgments in Pennsylvania]]</ref>
		+
		+
		+	==== Underwriting Tips ====
		+	*Although a lis pendens should not be entered when only money damages are at issue, a lis pendens improperly entered on a docket, or recorded with the Recorder of Deeds, would still be a cloud on title and should be discharged or excepted from the transaction.<br>
		+	<br>