Encumbrances
Lis Pendens Notice KRS 382.440
Lis Pendens means a ‘pending suit.’ The notice of Lis Pendens is filed on the public record for the purpose of warning all persons that the title to certain property is in litigation and that they are in danger of being bound by adverse judgment.
Definition of Lis Pendens - Reference: In Greene v. McFarland, 43 S.W.3d 258, 260 (Ky. 2001) the Supreme Court of Kentucky defined Lis Pendens as follows: “Lis Pendens is defined as “[a] notice, recorded in the chain of title to real property, ... to warn all persons that certain property is the subject matter of litigation, and that any interests acquired during the pendency of the suit are subject to its outcome.” BLACK'S LAW DICTIONARY 943 (7th ed.1999). A Lis Pendens notice is appropriate in situations where the title to property is at stake (actions for partition, quiet title, and will contests, for example), and it serves as notice that the purchaser takes the title subject to the same restrictions as would apply to the seller. Actions for general debt do not give rise to valid Lis Pendens actions because there is no actual lien or interest in the real property.”
The document requires:
• The name of the person(s) or entity that has interest in the land the lien is being filed against. (KRS 382.440)
• The name of the person or entity bringing the action. (KRS 382.440 & 382.335)
• The mailing address of the lienholder (KRS 382.430)
• A legal description of the land involved (KRS 382.440)
• The document must state the action number and the court in which the action is pending. (KRS 382.440)
• A preparation statement (KRS 382.335) (if court prepared may not have a preparation statement.
• The clerk shall request a return mail address (KRS 382.240)
• The document must be signed by the person or entity asserting the lien or their attorney or agent. The signature does not need to be notarized.
