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In United States law, a lis pendens (Latin for 'suit pending' [1]) is a written notice that a lawsuit has been filed concerning real estate, involving either the title to the property or a claimed ownership interest in it. The notice is usually filed in the county land records office.
lis alibi pendens: lawsuit elsewhere pending Refers to requesting a legal dispute be heard that is also being heard by another court. To avoid possibly contradictory judgements, this request will not be granted. lis pendens: suit pending Often used in the context of public announcements of legal proceedings to come. Compare pendente lite (below ...
The principle of lis alibi pendens (Latin for 'dispute elsewhere pending') applies in municipal law, public international law, and private international law to address the problem of potentially contradictory judgments. If two courts were to hear the same dispute, it is possible they would reach inconsistent decisions.
Lis pendens also means "a pending lawsuit", but lis pendens is a document filed in the public records of the county where particular real property is located stating that a pending lawsuit may affect the title to the property. Because nobody wants to buy real estate if its ownership is in dispute, a lis pendens notice effectively ties up the ...
This is accomplished through the filing of a lis pendens as part of the lawsuit and recordation of it in order to provide public notice of the pendency of the foreclosure action. In all U.S. jurisdictions, a lender who conducts a foreclosure sale of real property that has a federal tax lien must give 25 days notice of the sale to the Internal ...
A general creditor, who has not reduced the debt owed to a judgment, must file a "bill in equity" with the court and must file a notice of lis pendens on the property alleged to have been the subject of a fraudulent or voluntary conveyance. The issue of whether the conveyance is one that can be upset will then be tried in court.
The lis pendens-rule in article 29 of the Brussels I-bis Regulation (no. 1215/2012) provides that when proceedings involving the same cause of action and between the same parties are brought in the courts of different member states, all courts, other than the one first seized, must stay the proceedings until the first court seized has ruled ...
The underlying principles, such as basing respect given to foreign courts on reciprocal respect or comity, also apply in civil law systems in the form of the legal doctrine of lis alibi pendens. Forum non conveniens is not exclusive to common law nations: the maritime courts of the Republic of Panama , although not a common law jurisdiction ...