Difference between revisions of "Lis Pendens in Pennsylvania"
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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> | + | =Overview= |
| + | In Pennsylvania, a "lis pendens" is only available when title to real property is at issue in a case or suit.<ref>''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.<br> | ||
| + | <br> | ||
| + | Note: "Lis pendens" is also sometimes used to refer to the defense of "prior pending action", which applies when an action is filed that is duplicative of an already existing action. This is a separate and distinct concept from "lis pendens" meaning a pre-judgment lien or encumbrance on real property. | ||
| + | =Underwriting= | ||
| + | *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. | ||
| − | = | + | =General Principles= |
| − | + | 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. | |
| − | < | + | |
| + | =Cross-Reference= | ||
| + | As to judgment liens, see [[Civil Money Judgments in Pennsylvania]] | ||
Latest revision as of 07:55, 4 May 2023
Overview
In Pennsylvania, a "lis pendens" is only available when title to real property is at issue in a case or suit.[1] Lis Pendens cannot be used to encumber a property based on claims for money damages before judgment is entered.
Note: "Lis pendens" is also sometimes used to refer to the defense of "prior pending action", which applies when an action is filed that is duplicative of an already existing action. This is a separate and distinct concept from "lis pendens" meaning a pre-judgment lien or encumbrance on real property.
Underwriting
- 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.
General Principles
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.[2] Each County Court may have it's own rules surrounding filing a Lis Pendens.
Cross-Reference
As to judgment liens, see Civil Money Judgments in Pennsylvania
