Lis Pendens in Real Estate Transactions: Asserting and Defending Property Rights, Recent Cases

Recording of a 90-minute premium CLE webinar with Q&A


Conducted on Tuesday, October 1, 2019

Recorded event now available

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Program Materials

This CLE webinar will provide real estate counsel with an advanced and in-depth discussion of the proper use of lis pendens as well as strategies and best practices to protect clients' real property rights while avoiding unnecessary liabilities.

Description

The lis pendens--or notice of a pending action--is a document filed with the county recorder to secure an interest in real property that is subject to pending litigation. The lis pendens remains one of the least understood tools in real estate litigation.

The effect of a lis pendens can be devastating, preventing parties from buying, selling, or refinancing the property and leading to costly litigation, thousands of dollars in carrying costs, and failed deals. To effectively protect their real property rights, owners and property claimants must know what a lis pendens is, how it functions, what makes it enforceable, and how to address an improperly filed lis pendens that may be clouding a title.

Lis pendens can be powerful tools to assert or protect property rights, but they must be appropriately used to defend those rights effectively while minimizing client exposure.

Listen as our authoritative panel of real estate practitioners provides practical guidance and strategic insights on what owners and claimants need to know to lawfully protect and defend their real property rights using this highly technical--and widely misunderstood--tool in real estate litigation.

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Outline

  1. Lis pendens overview
  2. History and development of lis pendens doctrine
  3. Litigation
  4. Property
  5. Parties
  6. Duration and cancellation
  7. Requirements
  8. Effect
  9. Defenses
  10. Best practices, strategies, and procedures

Benefits

The panel will review these and other key issues:

  • How can a buyer protect its interests in property until a lawsuit is finally resolved?
  • What are best practices for using lis pendens to assert or defend property rights?
  • What are the most common issues that arise with third-party rights, and what are best practices for resolving these issues?
  • When would an action to quiet title be necessary to resolve a break in the chain of title, and what are best practices for curing title through litigation?
  • What are the notice requirements for an effective lis pendens?
  • What do recent cases hold regarding the enforceability of lis pendens?
  • What are effective strategies for avoiding unnecessary liabilities?

Faculty

Hart, Karen
Karen L. Hart

Partner
Bell Nunnally & Martin

Ms. Hart is a business attorney with over 17 years of experience litigating commercial disputes. She counsels clients...  |  Read More

Petersen, Christian
Christian A. Petersen

Atty
Hackleman Olive & Judd

Mr. Petersen has extensive experience in complex commercial and construction litigation, contract and business...  |  Read More

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