So What’s A Lis Pendens?

At one time or another, you may find yourself dealing with a property that has a “ Lis Pendens” filed against it.  Your next questions should be, “What is a Lis Pendens, and why do I care?”  RCW 4.28.328 sets forth Washington State’s Lis Pendens statute.  A Lis Pendens is simply a recorded notice that is filed with the County when a lawsuit is pending regarding a particular piece of property.  The Lis Pendens is filed in the county where the property is located.  The Lis Pendens itself contains the names of the parties who are part of the lawsuit, the case number, and the legal description of the property in dispute.  The outcome of the lawsuit will affect the title of the property.  The Lis Pendens serves to put third parties who are interested in the property on notice that a lawsuit is pending.  If they purchase the property anyway or obtain a loan secured by the property, they will be bound by the judgment of the lawsuit.  Once a Lis Pendens has been filed, it will be difficult to sell the subject property or get a loan from a bank, without first releasing the Lis Pendens.  This usually requires that the suit be settled or dismissed with prejudice.

There are certain situations where a Lis Pendens is applicable.  One situation where a Lis Pendens can be used is in any lawsuit that challenges current ownership of the property.  Another situation is where there has been a breach of contract against the current owner and the lawsuit is asking for specific performance of the contract.   The third situation is when an action involves a divorce and there is specific property being sought for either alimony or a property settlement.  Both real and personal property are subject to a Lis Pendens.

If a Lis Pendens is filed without substantial justification, then the person defending against the Lis Pendens is entitled to recover actual damages and attorney fees they paid in defending that action.  A person lacks substantial justification for filing a Lis Pendens if a court determines that there isn’t sufficient evidence that the person had a legal right to the property.  That determination is made by a judge.

The moral of the story is if you find yourself looking at a Lis Pendens action look it up at the courthouse.  If the lawsuit is without any merit, then the person defending against the wrongfully filed Lis Pendens may be entitled to damages or attorney fees.

Published April 2000

This article contains information of general interest, and is not intended to be, nor should it be relied upon as a substitute for specific legal advice.