How do I file a Lis Pendens in PA?

Asked over 1 year ago - Blandon, PA

I have a loan document that uses the defendant's commercial building a security.

Attorney answers (3)

  1. James S. Tupitza

    Contributor Level 18

    1

    Lawyer agrees

    Answered . A lis pendens is a notice filed with the Court (in the office of the Prothonotary or Office of Judicial Support) designed to put the entire world on notice that a suit is pending against the owner of a certain property in which title to that property is in question and my be changed when the case follows its course. Let's re-state the elements:
    1) a lawsuit, 2) the subject of the suit is the title to a specific property, 3) notice to the world.

    Why is this filed? In order to take away any claim by a subsequent buyer that he or she is a bone-fide purchaser for value (a BFP). Search BFP for a more detailed understanding of the importance of this status.

    A lis pendes may only be filed after a suit is commenced, either by writ or by complaint,

    I will not give the details of the form of a lis pendens, because I do not want to encourage or enable the filing of such a document without the careful consideration and advice of an attorney. Filing a lis pendens when one should not, could easily expose the filer to a suit for "slander of title," a particularly nasty and expensive mess.

    DISCLAIMER The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  2. Adam S. Bernick

    Contributor Level 13

    Answered . You need to have an attorney prepare the document, which is usually filed as part of quiet title case involving a dispute regarding title to real estate. Depending on the county it may be filed with just the court official who accepts such filings, but if the Recorder of Deeds also accepts such filings, it should also be filed with the Recorder of Deeds.

  3. Robert John Carey

    Pro

    Contributor Level 12

    Answered . I could not agree more with Attorney Tupitza's last comments, Lis Pendens is a very dangerous road to travel for the uninformed (even if they are licensed to practice law). It sounds like you have a lien against the property in the first place, so a Lis Pendens may be redundant anyway in your dispute over the loan documents. If the lien is recorded, the world is on notice.

One or more answers have been taken down.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

29,549 answers this week

3,075 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

29,549 answers this week

3,075 attorneys answering