Description
A notice of pendency of action or lis pendens is a notice recorded in a real property's chain of title that is designed to give constructive notice of a lawsuit affecting that property. The lis pendens can be a powerful tool to assert or protect property rights, however, it remains one of the least understood tools in real estate litigation.
The primary purpose of lis pendens is to protect the interests of the party that has filed the lawsuit. The lis pendens notifies other potential purchasers or lenders of ongoing litigation and can effectively enjoin or at least slow down any transfer or encumbrance of the property until the underlying dispute is resolved, thereby preserving the plaintiff's claim.
For the property owner, the effect of the lis pendens can be devastating, preventing the sale and/or refinancing of the property and leading to costly litigation. Depending on the jurisdiction, the owner may be able to initiate a proceeding to remove the lis pendens in the underlying lawsuit or may be able to file a lawsuit to clear title.
Whether representing the buyer, seller, or a third party in a real estate transaction, it is important that counsel understand how lis pendens may impact the transaction, what makes it enforceable, and how to address an improperly filed lis pendens that may be clouding a title.
Listen as our expert panel provides a comprehensive overview of lis pendens in real estate litigation. The panel will provide practical guidance and strategic insights on what owners and claimants need to know to protect and defend their property rights using this powerful—albeit widely misunderstood—litigation tool.
Presented By
Ms. Cahill-Marsland represents property owners, landlords, private lenders, real estate brokers/agents, homeowners’ associations, members of homeowners’ associations, and developers. Her transactional practice is distinguished by hands-on involvement in facilitating purchase and sale transactions, clearing title and boundary issues, and drafting and negotiating complex lease agreements for both commercial and residential properties. In addition to transactional work, Ms. Cahill-Marsland is highly skilled in resolving real estate disputes through mediation, arbitration, and litigation. She has successfully represented clients in a wide range of matters, including unlawful detainers, purchase contract disputes, HOA disputes (on behalf of both homeowners and associations), property management conflicts, nondisclosure claims, construction defect cases, and property ownership disputes. Ms. Cahill-Marsland's litigation experience encompasses civil actions such as partition actions, quiet title actions, HOA disputes, and nondisclosure claims.
Mr. Glosser’s primary focus is real estate, business, and corporate law. His practice combines transaction and litigation. He has been actively involved in the real estate industry as a broker, manager, developer and attorney since 1978. Mr. Glosser is thoroughly familiar with all aspects of real estate transactions and financing. He brings his entrepreneurial experience to the practice of law, enabling him to understand both the legal and business issues presented in each transaction. As an attorney, he assists clients with understanding and evaluating legal issues associated with business transactions, enabling clients to analyze risk, and make informed business decisions. Mr. Glosser is a frequent speaker on a variety of real estate topics, both locally and nationally.
Mr. Schorr is an experienced Los Angeles real estate attorney and litigator who enjoys the litigation process and trials. He initially gained his experience in law by working in a well-known national law firm, while later honing his skills at a well-respected real estate and entertainment boutique law firm. Mr. Schorr is a frequent lecturer on various areas of real estate law.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Thursday, November 20, 2025
- schedule
1:00 p.m. ET./10:00 a.m. PT
I. Introduction
II. Lis pendens overview
A. Purpose
B. Parties
C. Requirements
D. Effect and duration
E. Defenses
III. Impact on real estate transactions
A. Buyer
B. Seller
C. Third parties
IV. Best practices and strategies for practitioners
The panel will review these and other important issues:
- How can a buyer protect their interests in property until a lawsuit is finally resolved?
- How may a real property owner be impacted by lis pendens? What are possible defenses?
- What are best practices for using lis pendens to assert or defend property rights?
- What are the most common issues that arise with third-party rights, and what are best practices for resolving those issues?
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