In Arizona, a lis pendens — Latin for “pending lawsuit” — is a formal notice indicating that a legal action involving real property is underway. It alerts potential buyers or lenders that the property’s title may be affected by ongoing litigation.
Key considerations for filing a lis pendens in Arizona
Applicable legal actions
A lis pendens is appropriate only for lawsuits that directly affect the title or right of possession of real property. Actions seeking specific performance of a real estate contract or disputes over property ownership qualify. Cases that seek only monetary damages, with no implications for property title, do not warrant a lis pendens.
Statutory requirements
Arizona Revised Statutes § 12-1191 governs the filing of a lis pendens. The notice must include:
- The names of the involved parties.
- The object of the legal action or defense.
- The relief being sought.
- A description of the property in question.
The notice is recorded with the County Recorder’s Office in the county where the property is situated.
Potential liability for improper filing
Filing a lis pendens without proper grounds can lead to significant legal consequences. Under A.R.S. § 33-420, a person who records a lis pendens knowing it is forged, groundless, contains a material misstatement, or is otherwise invalid may be liable for statutory damages of $5,000 or triple the actual damages, whichever is greater, plus reasonable attorney fees and costs.
Practical effect
Recording a lis pendens places a cloud on the property’s title, which can deter prospective buyers or lenders while the litigation is pending. That can prevent the owner from selling or refinancing until the dispute is resolved and the lis pendens is released.
Checklist for filing a lis pendens in Arizona
- Confirm applicability. Make sure the lawsuit directly affects the property’s title or possession rights.
- Prepare the notice. Include all required information: the parties’ names, the objective of the action, the relief sought, and a description of the property.
- File with the right office. Record the notice with the County Recorder’s Office in the property’s county.
- Serve notice. Provide all involved parties with a copy of the filed lis pendens.
- Consult counsel. Get advice from a qualified Arizona real estate attorney to confirm compliance and avoid liability.
Related: How to remove a co-owner from a house title in Arizona · What information should a co-owner gather for a partition action
Lis pendens questions often come up inside a larger co-ownership dispute. For the bigger picture, see the Arizona partition actions guide, or request a free consultation.