Lis Pendens is Latin for "litigation pending". Think of Lis Pendens as "notice of lawsuit". Once recorded this gives notice to the world that there is litigation pending over a parcel of real property. A buyer would be held subject to the outcome of the litigation. This greatly discourages any transfer of title until litigation is resolved. Common uses of a Lis Pendens are: Quit Title Action, Mechanic's Lien, Foreclosure, and part of a divorce proceeding.

A Georgia Lis Pendens requires:

-the names of the parties (Our form allows adequate space for multiple plaintiffs and defendants)

-the time of the institution of the action (time and date stamped upon recordation)

-the name of the court in which it is pending

-a description of the real property involved

-a statement of the relief sought regarding the property.

O.C.G.A.44-14-610. Necessity of recordation for operation of lis pendens as to real property

No action, whether seeking legal or equitable relief or both, as to real property in this state shall operate as a lis pendens as to any such real property involved therein until there shall have been filed in the office of the clerk of the superior court of the county where the real property is located and shall have been recorded by the clerk in a book to be kept by him for the purpose a notice of the institution of the action containing the names of the parties, the time of the institution of the action, the name of the court in which it is pending, a description of the real property involved, and a statement of the relief sought regarding the property.

Our form is formatted to meet Georgia recording requirements and is to be used by attorney's and plaintiffs.

44-14-611. Lis pendens docket; indexing; recording fees

The clerks of the superior courts of this state shall keep a lis pendens docket in which they shall record all notices of lis pendens on real property filed with them, such lis pendens docket to have proper indexes arranged alphabetically both as to direct and inverse; and the clerks shall be allowed a fee, as required by subparagraph (f)(1)(A) of Code Section 15-6-77, for recording the lis pendens in the lis pendens docket.

Upon recordation of the Lis Pendens, it is advised to notify the defendants of such action. We include a "Certification of Service" form for this purpose.

9-11-5. Service and filing of pleadings subsequent to the original complaint and other papers

(a) Service -- When required. Except as otherwise provided in this chapter, every order required by its terms to be served, every pleading subsequent to the original complaint unless the court otherwise orders because of numerous defendants, every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, offer of judgment, and similar paper shall be served upon each of the parties. However, the failure of a party to file pleadings in an action shall be deemed to be a waiver by him or her of all notices, including notices of time and place of trial and entry of judgment, and all service in the action, except service of pleadings asserting new or additional claims for relief, which shall be served as provided by subsection (b) of this Code section.

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

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