lis pendens

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  1. Latin for “suit pending.”
  2. “Lis pendens” is construed to be the jurisdiction, power, or control which courts acquire over property involved in a suit, pending the continuance of the action, and until final judgment.
  3. A “lis pendens notice” is a notice recorded in a real property’s chain of title and is designed to enable interested third parties to discover the existence and scope of pending litigation affecting the title to or asserting a mortgage, lien, security interest, or other interest in real property. The notice warns all persons that any interests acquired during the pendency of the suit are subject to its outcome. 
  4. “Lis pendens doctrine” permits the dismissal of the later action filed when two or more lawsuits are pending. It is designed to protect a defendant from having to defend several suits on the same cause of action at the same time. The doctrine requires more than a mere allegation of a pending suit; it requires proof the prior case is the same, the parties are substantially the same, and the relief requested is the same. This three-pronged identity test must be strictly applied when a party seeks to dismiss a claim under the doctrine.