Moody and Shea, P.A.

Recording a Notice of Lis Pendens

A Notice of Lis Pendens is simply a notice form that is recorded in the official public records of the county(ies) where the real property that is the subject of the lien foreclosure lawsuit is located. The purpose of the Notice of Lis Pendens is to give notice to those searching the official public records that the construction lien foreclosure lawsuit has been filed and the title to the property may be affected by the outcome of the foreclosure lawsuit. In order to continue the validity and priority of a Claim of Lien as to creditors or subsequent purchasers of the real property, beyond one year from the date the Claim of Lien is recorded, a lien foreclosure lawsuit must be filed within that one year period; and, a Notice of Lis Pendens must be recorded in the official public records maintained by the Clerk of the Circuit Court in the county in which the real property is located.

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DISCLAIMER AND CAUTION: THESE MATERIALS ARE PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED NOR SHOULD THEY BE CONSTRUED AS LEGAL ADVICE AS TO ANY PARTICULAR SET OF FACTS OR CIRCUMSTANCES. DUE TO THE COMPLEXITY OF THE CONSTRUCTION LIEN LAW STATUTES AND THE CASES INTERPRETING AND APPLYING THE STATUTES, IT IS RECOMMENDED THAT COMPETENT LEGAL COUNSEL BE CONSULTED IN REGARD TO ANY QUESTIONS AS TO THE APPLICABILITY OF CONSTRUCTION LIEN LAW TO ANY SET OF PARTICULAR FACTS.

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