Editing Lis pendens (section)

== Genesis and usages ==
{{lang|la|Lis pendens}} may refer to any pending lawsuit or to a specific situation with a public notice of [[Lawsuit|litigation]] that has been recorded in the same location where the [[title (property)|title]] of [[real property]] has been recorded. This notice secures a [[plaintiff]]'s claim on the property so that a sale, [[mortgage]], or [[encumbrance]] of the property will not diminish the plaintiff's rights to the property, should the plaintiff prevail in its case. In some jurisdictions, when the notice is properly recorded, {{lang|la|lis pendens}} is considered [[constructive notice]] to other litigants or other unrecorded or subordinate [[lienholders]].<ref>{{Cite book|last1=Howard (Jr.)|first1=Nathan|url=https://books.google.com/books?id=BUgMAAAAYAAJ&dq=%22Lis+Pendens%22+notice+secures+a+plaintiff's+claim&pg=PA195|title=Howard's Practice Reports in the Supreme Court and Court of Appeals of the State of New York|last2=Stover|first2=Rowland M.|last3=Court|first3=New York (State) Supreme| date= 1881 |publisher= William Gould & Son|language=en}}</ref>

The recording office will record a {{lang|la|lis pendens}} upon request of anyone who claims to be entitled to do so (such as because the person has filed a lawsuit). If someone else with an interest in the property (such as the owner) believes the {{lang|la|lis pendens}} is not proper, then he can then file suit to have it expunged.<ref>{{Cite book |url= https://books.google.com/books?id=URoZAAAAYAAJ&q=%22Lis+Pendens%22+notice+secures+a+plaintiff's+claim| title=The Central Law Journal|date=1915|publisher=Soule, Thomas & Wentworth|language=en}}</ref>

Some states have {{lang|la|lis pendens}} statutes which require the filer of the notice—in the event of a challenge to the notice—to establish that it has [[probable cause]] or a reasonable likelihood of success on the merits of its case in the underlying lawsuit. Other states do not have such a requirement.<ref>For example: ''McAteer v. Lauterbach'', 908 A.2d 1168, 1170 (D.C. 2006)</ref>