Difference between revisions of "Lis Pendens in Pennsylvania"
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(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...") |
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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> | ||
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| + | ==== 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> | ||
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Revision as of 09:50, 26 October 2021
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.[2]
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.
- ↑ See, generally, In re: Foremost Industries, Inc., 2017 Pa Super 37 (Pa. Super. Ct. 2017)
- ↑ As to judgment liens, see Civil Money Judgments in Pennsylvania
