Lis Pendens In Washington State
A lis pendens is a notice of a lawsuit involving title to a piece of real estate. It is recorded in the real estate records of the county where the real estate is located and it puts the public on notice of the lawsuit. It can result in potential buyers of the property and potential lenders to the property’s owner not wanting to deal with the property owner because of the risk that the property owner’s title to the property is not what they thought it was. In addition, anyone who receives a conveyance of the property or encumbers the property after the lis pendens is recorded is bound by all proceedings taken in the lawsuit after the recording of the lis pendens as if they were a party to the lawsuit.
There is always the chance for abuse in the use of a lis pendens. If the lis pendens is recorded for a reason not permitted by law, the filer could be required to pay monetary damages to the party injured by the recording of the lis pendens and may even be held liable for the attorney’s fees incurred by that party resulting from the recording.
Over the years, the lawyers at Beresford Booth have worked with many real estate issues, including those involving lis pendens. We would be pleased to assist you to help resolve your real estate disputes.