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Notice of Lis Pendens

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------Above this Line for Official Use Only-------

NOTICE OF LIS PENDENS – CORPORATION or LLC
(Colorado Revised Statute §38-35-110)

COMES NOW, and hereby gives notice of the pendency of an action affecting the title to or the right of possession of real property pursuant to Colorado Revised Statute §38-35-110 and provides the following:

1. A civil action has been commenced in Court involving the parties as follows: (Plaintiff) and (Defendant).

2. The real property affected by this action is located in County, Colorado, and is legally described as follows:

3. From the time of recording, this Notice shall be notice to any person thereafter acquiring, by, through, or under any party named in the Notice, an interest in the real property described in the Notice in the county or counties where recorded that the interest so acquired may be affected by the action described in the Notice.

This the day of , 20

Attest:

Secretary

Print Name:

Title:

Notice of Lis Pendens

Page 1 of 2

STATE OF COLORADO

COUNTY OF

The foregoing instrument was acknowledged before me this day of , 20 by (name of officer or agent, title of officer or agent) of (name of corporation acknowledging) a (state or place of incorporation) corporation, on behalf of the corporation.

My Commission Expires:

Notary Public

Printed Name:

CO § 38-35-110

Notice of Lis Pendens

Page 2 of 2

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What a Notice of Lis Pendens Is and When It Applies

A Notice of Lis Pendens is a recorded legal notice that alerts the public—and anyone considering an interest in affected real property—that a lawsuit or claim involving title, ownership, or other interests has been filed and may impair the property’s marketability. Filed at the county recorder or land records office where the property is located, the notice provides constructive notice to purchasers, lenders, and other parties. It does not itself transfer title or create an automatic lien, but it can cloud title and affect transactions until the dispute is resolved or the lis pendens is vacated or released.

Why Recording a Lis Pendens Matters

A Notice of Lis Pendens protects a plaintiff’s property-related claim by providing public notice that purchasers and lenders take subject to the litigation. It discourages transfers that would defeat relief sought, preserves remedies, and promotes transparency, while remaining subject to judicial review or removal.

Why Recording a Lis Pendens Matters

Who Typically Files or Reviews a Lis Pendens

Plaintiffs in property disputes, real estate attorneys, title companies, and lenders commonly use a Notice of Lis Pendens to protect or analyze property interests during litigation.

  • Plaintiff or claimant: the party filing suit to protect an interest in the property.
  • Real estate attorneys and title companies: review and advise on notice validity and recording consequences.
  • Lenders and prospective purchasers: examine title to assess clouded-title risk before closing.

Core Elements a Professional Notice Should Include

A professional Notice of Lis Pendens combines precise legal description, clear party identification, recording data, service instructions, and information about release or expungement procedures to ensure enforceability and transparency.

Purpose

Records that a lawsuit exists affecting title or interests in specified real property, creating constructive notice to third parties and warning purchasers and lenders that the property may be subject to adverse judgment or equitable relief.

Legal Description

Include the precise legal description from the recorded deed or assessor records—lot, block, subdivision, or metes-and-bounds—and the parcel identification number to avoid recording mismatches and delays.

Parties

List plaintiff(s) and defendant(s) with full legal names and contact addresses; indicate agent or attorney representing the filing party and provide counsel contact information for service.

Recording Details

Provide recording instructions, county recorder office name, and payment method; attach or reference the complaint and note the instrument number once recorded for later reference.

Service Requirements

State the method of service used and include required proof such as a signed affidavit or certified mail receipt; follow state-specific service rules to prevent challenges.

Release Process

Describe how the lis pendens can be released—court order, settlement, or recorded release—and specify who may move to expunge or seek removal under governing statute.

Step-by-Step: Preparing and Recording a Lis Pendens

This step-by-step guide explains completing and recording a Notice of Lis Pendens for a property affected by pending litigation.

  • 01
    Prepare Complaint: Confirm lawsuit grounds and legal basis to support a lis pendens.
  • 02
    Describe Property: Provide legal description and parcel ID exactly as county records show.
  • 03
    File with County: Record at the county recorder where the property is located.
  • 04
    Serve Parties: Serve notice on affected parties per state rules and prove service.

How to Configure an Online Workflow for Lis Pendens

Configure an online workflow to prepare, route, sign, and record a Notice of Lis Pendens using e-filing or local recorder upload.

Workflow Setup Field Identifier Name Configuration or default value for online workflow
Document Template Upload complaint and lis pendens template
Signer Authentication Email verification or SMS code; use stronger ID where required
Notary/RON Option Enable RON if state permits; attach audio-video record
Recorder Upload Export PDF/A and upload to county recorder portal or mail

High-Level Filing Flow

Filing a Notice of Lis Pendens follows a short sequence: prepare, record, serve, and monitor the case until resolution or release.

  • Prepare: Draft notice and verify legal property description.
  • Record: File the notice at the county recorder and pay fee.
  • Serve: Serve parties and file proof per state rules.
  • Monitor: Track litigation docket and seek release or expungement if resolved.

Digital Filing and Authentication Considerations

Digital filing and eSignature workflows can speed preparation, authentication, and distribution of a Notice of Lis Pendens.

  • File Formats: PDF, PDF/A, or Word DOCX accepted.
  • Integrations: Connect with county portals, cloud storage, or case management.
  • Auth Methods: Email, SMS code, or advanced ID verification

Key Timing and Deadlines to Track

Timelines for a Notice of Lis Pendens include recording, service, potential expungement motions, and how litigation affects title until final judgment.

Recording Effective Date:

Notice is effective on the date it is recorded in the county land records.

Service Deadline:

Serve parties promptly per state rules; some states require service within weeks of filing.

Expungement Motion:

Defendant or affected party may seek prompt expungement or release; timelines vary by jurisdiction.

Impact on Closings:

Buyers and lenders will often delay closings until lis pendens is resolved or released.

Duration:

Lis pendens remains until judgment, settlement, or court-ordered removal; underlying statute may limit duration.

Milestone Timeline for a Typical Lis Pendens Case

Major milestones in a lis pendens workflow include filing, recording, service, and judicial resolution or administrative removal.

01

File Complaint

Plaintiff files complaint initiating property-related claim.

02

Record Lis Pendens

Record the notice at the county recorder to provide constructive notice.

03

Serve and Proof

Serve parties and record proof of service where required by statute.

04

Resolution or Release

Court judgment, settlement, or motion to expunge ends the lis pendens.

Essential Information Elements for Recording

Case Docket: Court name and docket number
Legal Description: Metes-and-bounds or recorded deed
Parcel ID: Assessor parcel number or PIN
Owner Name: Full legal owner name as recorded
Service Proof: Certificate or affidavit of service
Recording Info: Recorder instrument number and date

Common Mistakes to Avoid When Preparing a Lis Pendens

  • Using an incomplete or vague property description can cause the recorder to reject the filing or later permit the lis pendens to be expunged.
  • Filing in the wrong county or failing to match county parcel identifiers undermines constructive notice and may void the notice for future title challenges.
  • Neglecting to serve required parties or omitting proof of service creates procedural grounds for expedited removal or dismissal of the lis pendens.
  • Relying on hearsay or insufficient factual basis when filing risks sanctions and may expose the filer to damages for wrongful lis pendens.

Potential Legal Risks and Consequences

Expungement: Court can remove notice
Sanctions: Monetary or procedural penalties
Wrongful Filing: Possible damages and fees
Closing Delays: Lenders may refuse funding
Title Cloud: Reduces marketability and value
Attorney Costs: Court may award fees

Frequently Asked Questions About Notices of Lis Pendens

Answers to common questions about filing, recording, challenging, and removing a Notice of Lis Pendens in U.S. jurisdictions.


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