Legal Question in Real Estate Law in North Carolina

How to remove a lis pendens

FACTS: My brother just "bought" a house. In NC it is customary to have an atty, rather than a title co. handle the closing. Atty researches & Title is clear. Next day, an unknown party files lawsuit against seller, placing a lis pendens on property. Buyer's atty, my brother's, has no RE experience & freaks out - sez, "we will not close".

ISSUE: Exactly who is capable/responsible for removing the lis pendens?

(The suit filed appears to be friviolous)

(Brother is occupying the new house & is asked to pay rent to seller until the lawsuit is resolved.)

DESISION: What should Brother do, if anything?


Asked on 12/05/98, 10:36 pm

1 Answer from Attorneys
Joseph A. McDermott, III Attorney at Law

Re: How to remove a lis pendens

Lis pendens in most jurisdiction are statutory creations with a statutory means of removal. Fact that suit is "frivolous" (why do you assume that?) may not be ebough to get it cancelled. Brother needs to hire trial lawyer with RE litigation experience.

Joseph A. McDermott, III

Attorney at Law

2929 Allen Parkway, Suite 2470


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Answered on 1/18/99, 1:52 am


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