Q: There is an auction coming up, I saw the owner just placed a "lis Pendens" to stall post auction.
Checking the county recorder's office, this was recently filed. The bank foreclosed, but it looks like she wants to live in the house awhile after the auction. How much trouble will a Lis Pendens be? It could be that she thinks no one will bid on her house with that move. I don't really know if I would, either.
A: A lis pendens is intended to give notice of litigation that is currently pending and concerns issues of title or ownership of the real property. It creates a unlawful cloud on title if used for any other purpose and can be removed by court order if necessary. Assuming the pending foreclosure was properly noticed, the purchaser at the foreclosure sale (usually a trustee's sale) should take free and clear of junior liens/encumbrances.
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A: 'Lis Pendens' means there is litigation pending that might involves the real property.
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