The Law Of Lis Pendens In Massachusetts And Rhode Island

By Christopher Blazejewski and Ronald Ruth (August 7, 2017, 12:48 PM EDT) -- If you are involved in a real estate dispute in Massachusetts or Rhode Island, it is important to know the law and procedure for obtaining, attacking and defending a notice of lis pendens. A notice, or memorandum, of lis pendens is a statutory procedure designed to notify potential real estate buyers and other interested persons of pending lawsuits affecting title to real property. Litigation battles arise over lis pendens notices, however, because upon recording in the registry or recorder of deeds they can impede the title holder's efforts to transfer, mortgage or develop the property, and may become critical leverage in real estate litigation. Aware of this potential impact, statutory and case law in Massachusetts and Rhode Island has developed tools for attacking and quashing lis pendens notices, and established avenues for resisting these attacks....

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