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Real Estate Litigation

Lis Pendens - Notice of Pending Action

Drafting a lis pendens requires meticulous attention to state-specific statutory requirements, precise property descriptions, and proper verification language. Manually researching court formatting rules, extracting party details from case files, and ensuring compliance with recording standards consumes hours of billable time while risking costly errors that could invalidate the notice.

Automation ROI

Time savings at a glance

Manual workflow2.5 hoursAverage time your team spends by hand
With CaseMark8 minutesDelivery time with CaseMark automation
EfficiencySave 18.8x time with CaseMark

The Problem

Drafting a lis pendens requires meticulous attention to state-specific statutory requirements, precise property descriptions, and proper verification language. Manually researching court formatting rules, extracting party details from case files, and ensuring compliance with recording standards consumes hours of billable time while risking costly errors that could invalidate the notice.

The CaseMark Solution

CaseMark automates lis pendens preparation by extracting party and property information from your uploaded documents, researching state-specific requirements, and generating court-ready notices with proper legal descriptions and verification language. What typically takes 2-3 hours of manual drafting is completed in under 10 minutes with full compliance assurance.

Key benefits

How CaseMark automations transform your workflow

Automatically extracts party details and property descriptions from case files and title documents

Researches and applies state-specific statutory requirements and court formatting rules

Generates compliant verification language and recording instructions for your jurisdiction

Reduces drafting time from 2-3 hours to under 10 minutes per notice

Ensures accurate legal property descriptions and constructive notice language to prevent filing rejections

What you'll receive

Court and Filing Information
Parties Involved
Description of the Action
Property Description
Notice Statement
Verification and Signature
Recording Instructions

Document requirements

Required

  • Complaint or Petition
  • Property Records

Optional

  • Case Filing Documents
  • Title Report
  • Previous Lis Pendens

Perfect for

Real Estate Litigator
Litigation Paralegal
Solo Practitioner
Real Estate Attorney
Civil Litigation Associate

Also useful for

This workflow is applicable across multiple practice areas and use cases

Commercial disputes involving breach of contract, partnership dissolution, or business tort claims often affect real property interests requiring lis pendens notices to cloud title and preserve claims.

Commercial litigators regularly handle cases where business disputes involve real property assets, requiring lis pendens filings to protect client interests in pending litigation affecting commercial real estate.

Litigation General82% relevant

General civil litigators handling any case involving real property claims, including quiet title actions, easement disputes, or construction defect cases, require lis pendens filings.

Any litigation affecting title or possession of real property requires lis pendens notices, making this workflow valuable across diverse civil litigation matters beyond specialized real estate litigation.

Lis pendens notices are filed in bankruptcy adversary proceedings involving real property, such as fraudulent transfer actions or preference actions affecting real estate assets.

Bankruptcy litigation frequently involves disputes over real property ownership and transfers, requiring lis pendens filings to provide constructive notice of pending litigation affecting debtor assets.

Family Law78% relevant

Divorce and family law proceedings require lis pendens filings when marital property includes real estate to prevent one spouse from transferring or encumbering property during litigation.

Family law attorneys routinely file lis pendens notices in divorce cases to protect community property or marital real estate interests and ensure equitable distribution of assets.

Real estate transactional attorneys need to identify and analyze existing lis pendens notices during due diligence to assess litigation risks affecting property acquisitions.

Commercial real estate attorneys must review title for lis pendens notices and may need to draft them when representing clients in disputes arising from purchase agreements or development contracts.

Frequently asked questions

Q

What documents do I need to generate a lis pendens?

A

CaseMark requires your complaint or petition and property records with the legal description. Simply upload these documents, and the AI extracts party information, property details, and case facts to generate a complete, court-ready lis pendens with proper verification language.

Q

How does CaseMark ensure state-specific compliance for lis pendens?

A

CaseMark automatically researches your jurisdiction's statutory requirements, court formatting rules, and recording standards. The system applies state-specific language requirements (like California CCP § 405.20) and generates notices that meet your county recorder's formatting standards.

Q

Can CaseMark verify the legal property description is accurate?

A

Yes, CaseMark extracts legal descriptions from your uploaded property records and cross-references them with best practices for property identifiers. The system ensures parcel numbers, addresses, and legal descriptions are formatted correctly for recording purposes.

Q

How long does it take to draft a lis pendens with CaseMark?

A

CaseMark generates a complete, court-ready lis pendens in approximately 8 minutes. This includes automatic extraction of party and property information, research of state requirements, and formatting for your specific jurisdiction—a process that typically takes 2-3 hours manually.

Q

Does the lis pendens include proper verification and signature blocks?

A

Absolutely. CaseMark automatically generates compliant verification language under penalty of perjury, signature blocks for the plaintiff or attorney, and notary sections when required by your state. The system also includes recording instructions with space for the recorder's stamp and fees.

Q

What if I need to file in multiple counties or states?

A

CaseMark adapts to each jurisdiction's specific requirements automatically. Simply indicate the filing location, and the system applies the correct statutory language, court formatting, and recording standards for that county and state, ensuring compliance across all your filings.

Q

Can I customize the description of the pending action?

A

Yes, while CaseMark generates a comprehensive description based on your complaint, you maintain full control to edit and refine the action description. The AI provides a strong foundation with proper legal framing, which you can adjust to emphasize specific claims or property interests.