Brown County Lis Pendens Form (Ohio)

All Brown County specific forms and documents listed below are included in your immediate download package:

Lis Pendens Form

Brown County Lis Pendens Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Brown County compliant document last validated/updated 10/29/2024

Lis Pendens Guide

Brown County Lis Pendens Guide

Line by line guide explaining every blank on the form.
Included Brown County compliant document last validated/updated 9/9/2024

Completed Example of the Lis Pendens Document

Brown County Completed Example of the Lis Pendens Document

Example of a properly completed form for reference.
Included Brown County compliant document last validated/updated 11/7/2024

When using these Lis Pendens forms, the subject real estate must be physically located in Brown County. The executed documents should then be recorded in the following office:

Brown County Recorder

Administration Bldg - 800 Mt Orab Pike, Suite 151, Georgetown, Ohio 45121

Hours: 8:00 to 4:00 Monday-Friday

Phone: (937) 378-6478

Local jurisdictions located in Brown County include:

  • Aberdeen
  • Decatur
  • Fayetteville
  • Feesburg
  • Georgetown
  • Hamersville
  • Higginsport
  • Mount Orab
  • Ripley
  • Russellville
  • Sardinia

How long does it take to get my forms?

Forms are available immediately after submitting payment.

How do I get my forms, are they emailed?

Immediately after you submit payment, the Brown County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.

What does "validated/updated" mean?

This indicates the most recent date when at least one of the following occurred:

  • Updated: The document was updated or changed to remain compliant.
  • Validated: The document was examined by an attorney or staff, or it was successfully recorded in Brown County using our eRecording service.
Are these forms guaranteed to be recordable in Brown County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Brown County including margin requirements, content requirements, font and font size requirements.

Can the Lis Pendens forms be re-used?

Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Brown County that you need to transfer you would only need to order our forms once for all of your properties in Brown County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Ohio or Brown County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.

What type of files are the forms?

All of our Brown County Lis Pendens forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.

Do I need any special software to use these forms?

You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.

Do I have to enter all of my property information online?

No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.

Can I save the completed form, email it to someone?

Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.

Are there any recurring fees involved?

No. Nothing to cancel, no memberships, no recurring fees.

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. Be aware that even in jurisdictions (like Ohio) where lis pendens is a common law doctrine, many disputes concern whether the notice is sufficient for any effect. Take time to understand the rules, get a comprehensive title search before purchasing any real estate, and please speak to an attorney for clarification.

If the property is unregistered land, and the lawsuit is filed in the same county in which all of the property is located, lis pendens attaches upon the initial filing of a complaint relating to the ownership of real property and a description of the property in the complaint. Any interest in the property recorded after the filing of the lawsuit is subject to the judge's final ruling.

For registered (Torrens) land, lis pendens does not attach until after the complaint is filed with the court and a notice of lis pendens is filed with the County Recorder. Civil Rule 3(F) also applies where the suit is brought in a county other than that in which all of the property is located. A small percentage of land is registered in Ohio; of the 88 counties, 48 never had registered land. Of the 40 counties that have had Torrens parcels, 26 have chosen to abolish the system in a manner consistent with the dictates of ORC 5310.31 et seq. This includes all of the counties in northeastern Ohio that surround Cuyahoga County.

If the suit is brought in a county other than that in which the property is located, file a certified copy of the complaint with the Common Pleas Court in which the property is located (this also applies to property that straddles two or more county lines). See Civil Rule 3(F) and (G).

A notice of lis pendens is only available after initiating a valid claim (lawsuit) against the title to real property. The claim might relate to a foreclosure, a divorce, or something else, but in many cases, it involves a contractor suing to enforce a recorded claim of lien. Note, however, that the lis pendens must refer ONLY to the property identified in the suit. For example, a contractor may have a legitimate claim to place a lien against the owner, but only on the property where the contractor completed the project; if the owner has multiple parcels of land, the notice should not mention them. The court may penalize the individual or entity filing a spurious (invalid) lis pendens, and that party may be obligated to pay attorney's fees, court costs, and/or other penalties, as deemed appropriate by the court.

Submit the completed notice to the local recording office. It should identify the parties, the subject property, details about the lawsuit, including the court, case number(s), relevant dates, and other information as needed for the situation. The form may also be required to meet the state and local standards for recorded documents. Contact the agency responsible for maintaining land records with questions about filing the lis pendens.

The notice of lis pendens is a useful tool for protecting contested property interests, but it can be tricky. Please contact an attorney with questions about lis pendens, or for any other issues related to real estate in Ohio.

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

Our Promise

The documents you receive here will meet, or exceed, the Brown County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Save Time and Money

Get your Brown County Lis Pendens form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

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November 21st, 2024

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