When to use an Arizona Release of Notice of Lis Pendens document.

When a Lis Pendens has been filed and the court dismisses the action, the plaintiff(s) have 30 days to issue a Release of Notice of Pendency. 12-1191(C). If a notice of pendency of action has been recorded pursuant to this section and the action is dismissed without prejudice for lack of prosecution, the plaintiff or plaintiffs of the action, within thirty days after such dismissal, shall issue to the defendant of the action a release of the notice of pendency of action. Such release shall be in the form of a recordable document. Failure to grant such release shall subject the person filing the notice of action or defense to liability in the amount of one thousand dollars and also to liability for actual damages.

Therefore, if a case has been resolved, example plaintiff receives payment for monies owed on work done and settles the case. A Release of Lis Pendens needs to be recorded to prevent further liability. Imagine a buyer backs out of a sale because a Lis Pendens is still recorded on the property giving the image of property under litigation. Damages could be sought.

(Arizona Lis Pendens Release Package includes form, guidelines, and completed example)

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