Lis Pendens In Delaware
Here’s the situation. You filed a lawsuit in Wilmington, Delaware claiming to have an interest in a property owned by the person you’ve sued. Assuming you win, you’ll have a judgment against the defendant, and that judgment will automatically be a lien on all real property which the defendant owns in New Castle County. Lawsuits can take a long time, however, and you’re concerned that the defendant could sell the property before you get your judgment. Wouldn’t it be great if there was a way to notify all prospective buyers of the defendant’s property that you have a lawsuit pending that could affect the ownership interest in the property even if they were to become the owner?
Fortunately, a procedure like this exists. It’s usually referred to as a “Notice of Lis Pendens.” Although the procedure is simple, the following steps must be taken:
(1) Record the Notice of Lis Pendens in the Recorder of Deeds office.
(2) Send the defendant a copy of the notice that you recorded.
(3) File an affidavit in the Court stating that you complied with step 2.
Lis Pendens is governed by a statute, and so your attorney must be aware of all of the statute’s requirements.
