LIS

Lis Pendens

A lis pendens is a notice of pending litigation. It constitutes constructive notice of any claims in the suit as to the land. In the absence of a lis pendens, a third person who has actual notice of a suit generally has the duty to inquire as to whether the suit may reflect a claim on the land. Therefore, the absence of a lis pendens or discharge of lis pendens by interlocutory court order does not relieve you from reviewing the suit. Some states establish a procedure (by bond, money, or guaranty) to expunge the lis pendens. You must secure approval from the Company in order to rely on this procedure.

Requirement

LISR03 STG

Suit Not Examined

That suit styled ___________ under Case or Docket No. _______ claiming or seeking _______________ and other matters, claims, or rights that may be reflected by, or judgments or orders rendered pursuant to, the suit. No examination of this suit has been made. Upon completion of the examination, the Company will inform you of its requirements and exceptions.
Comment: You must use this requirement if you actually know about a suit that may affect title, even though no lis pendens is filed.
Comment: If a person claiming an interest in the land is served by publication and does not enter an appearance, you must require a deed from that person unless subsequent extended actual use and state title examination customs justify reliance on citation by publication.

See Underwriting Manual

LISR06 STG

Release or Withdrawal of a Lis Pendens and Suit

The Company requires a satisfactory dismissal with prejudice of that action entitled ________ under Index No. __________ and release of that Lis Pendens recorded ___________________.

See Underwriting Manual

LISR07 STG

Require Suit Dismissal

That action entitled ___________ under Index No. _______ claiming or seeking _______________ and other matters, claims, or rights that may be reflected by, or judgments or orders rendered pursuant to, the suit. The Company requires a satisfactory dismissal with prejudice of the suit.

See Underwriting Manual

LISR08 STG

Persons Not Made Parties

Rights of the following persons who were not made party defendants in that action entitled _____________ under Index No. ________________ : ____________________. The Company requires for its review and recordation a satisfactory deed from said persons or their successors in interest, and their spouses, if any. At that time, the Company may make additional requirements or exceptions.

See Underwriting Manual

LISR09 STG

Persons Served by Publication

Rights of the following persons who were served by publication as party defendants in that action entitled _____________ under Index No. __________________ : __________________. The Company requires for its review and recordation a satisfactory deed from said persons or their successors in interest, and their spouses, if any. At that time, the Company may make additional requirements or exceptions.

LISR10 STG

For foreclosure of mortgage, transfer of tax li

Notice of Pendency in Action filed __/__/__, (Liber, RL, Reel)_____, page ______; (Plaintiff name), Plaintiff, v. Defendant name) and others, Defendants, under Index No. [Number], to __(state nature of action)__. This action must be discontinued, judgment, if any, vacated, and Notice of Pendency canceled by order of Court.

LISR11 STG

For foreclosure of mortgage, etc., after judgme

Notice of Pendency in Action filed __/__/__, (Liber, RL, Reel)_____, page ______; (Plaintiff name), Plaintiff, v. Defendant name) and others, Defendants, under Index No. [Number], to __(state nature of action)__; judgment dated __/__/__, entered __/__/__. The judgment of foreclosure and sale must be vacated, the action must be discontinued, and the Notice of Pendency canceled by order of Court.

LISR12 STG

Where action is to set aside deed, impress a tr

Notice of Pendency in Action filed __/__/__, (Liber, RL, Reel)_____, page ______; (Plaintiff name), Plaintiff, v. Defendant name) and others, Defendants, under Index No. [Number] to __(state nature of action)__. This action must be determined on the merits in favor of defendants or in lieu thereof the following is required:

(1) Action must be discontinued and Notice of Pendency canceled by order of Court; and

(2) A deed is required from __(name[s])__, conveying the interest claimed.

LISR13 STG

To set aside a deed by a judgment creditor

Notice of Pendency in Action filed __/__/__, (Liber, RL, Reel)_____, page ______; (Plaintiff name), Plaintiff, v. Defendant name) and others, Defendants, under Index No. [Number], a creditor’s action to set aside the deed made by __(name)__, grantor, to __(name)__, grantee, dated __/__/__, recorded __/__/__ in (L., R.L., Reel) ____ (C)p _____. This action must be discontinued and Notice of Pendency canceled by order of court. [add where applicable: and the judgment below held by plaintiff satisfied.]

LISR14 STG

Where action is for specific performance or to

Notice of Pendency in Action filed __/__/__, (Liber, RL, Reel)_____, page ______; (Plaintiff name), Plaintiff, v. Defendant name) and others, Defendants, under Index No. [Number] __(specify: for specific performance, to impress vendee’s lien)__, under contract dated __/__/__, made between __(name)__ and __(name)__. This action must be discontinued and the Notice of Pendency canceled by order of Court. The contract under which the plaintiff claims must be canceled by the parties.

LISR15 STG

Lis Pendens - unsafe building (City of New York

Notice of Pendency in Action filed __/__/__, (Liber, RL, Reel)_____, page ______; The City of New York, Plaintiff, v. the Unsafe Building located __(state as shown)__ and __(name)__, owner, Defendants, under Index No. [Number]. The proceeding against this building must be discontinued and the Notice of Pendency canceled of record in the County Clerk’s office.

LISR16 STG

Lis Pendens - defects in

Notice of Pendency in Action filed __/__/__, (Liber, RL, Reel)_____, page ______; (Plaintiff name), Plaintiff, v. Defendant name) and others, Defendants, under Index No. [Number] {

{has expired. If a foreclosure action, a new Notice must be filed more than 20 days prior to the rendering of final judgment of foreclosure and sale.}

{must be filed more than 20 days prior to the rendering of final judgment of foreclosure and sale.}

{has not been filed as provided in RPAPL Section 1331. Judgment of Foreclosure and Sale is not effective.}

{is not effective because the defendant was not served within 30 days of the filing of the Notice, as required pursuant to CPLR Section 6512. Judgment of Foreclosure and Sale is not effective in the absence of a curative order, and policy will except any matters arising after the filing of the original, defective notice.
Note: You may add additional local requirements here. Please consult with our underwriting personnel in preparing appropriate provisions.

Exception

LISX04 STG

Lis Pendens and Suit

Notice of Pendency recorded ____________ reflecting that action entitled ________________, under Index No. ____________, and any claims or rights that may be reflected by, or judgments or orders rendered pursuant to, the Notice or suit.

See Underwriting Manual

LISX05 STG

Suit - No Lis Pendens

That action entitled ___________ under Index No. _______ claiming or seeking _______________ and other matters and any claims or rights that may be reflected by, or judgments, decrees, or orders rendered pursuant to the suit.

See Underwriting Manual

LISX06 STG

Right to Appeal

The right to a new trial or appeal from the judgment, decree, or order entered in the action entitled _______________, under Index No. ____________, within ______________________.

Note: You may add additional local exceptions here. Please consult with our underwriting personnel in preparing appropriate provisions.