Discharging Lis Pendens in Ohio

Lis pendens, Latin for "suit pending," is written notice that a lawsuit has been filed which concerns the title to, or interest in, a specific parcel of real property. The notice alerts potential lenders or buyers that the title to the property has come into question because of the pending legal action.

Ohio's statutes do not provide much guidance regarding lis pendens. Sections 2703.26-27 of the Ohio Revised Code discuss recording locations for the notice and restrict property transfers while the title is subject to lawsuit. Section 5309.58 clarifies the same details for registered land.

Once a lis pendens is filed, what about removing it? The process varies by state, but in general, removal happens one of two ways: expungement (removal) or discharge. Expungement requires a judicial directive to cancel the notice. The judge's order gets recorded, according to state and local requirements, and anything else necessary for the specific situation. For discharge, the party who filed the original notice completes and records a document that officially withdraws the complaint.

The discharge form identifies the parties, the property subject to lawsuit, court details and case number, and any other information relevant to the specific situation. Because it gets entered into the property records, the form should meet state and local recording standards.

Discharging a lis pendens can be tricky. Take time to understand the rules. Don't hesitate to speak to an attorney with questions about the lis pendens process, or for any other issue related to real property in Ohio.

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

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