A Plain-English Overview for Property Owners, Buyers, and Litigants
A lis pendens (Latin for “suit pending”) is a legal notice that can be recorded against real property to warn the public that the property is involved in a lawsuit. The purpose of a lis pendens is to put potential parties on notice that real property is subject to a pending legal dispute, the outcome of which may determine ownership of the real property. In Washington State, a lis pendens can make it extremely difficult—or practically impossible—to sell, refinance, or finance a property while the legal dispute is pending.
Because of its impact, Washington law strictly limits when a lis pendens can be recorded. A wrongful recording can lead not only to the cancellation of the lis pendens but to mandatory attorney’s fees and significant financial exposure for the party that filed the improper lis pendens. This article explains what a lis pendens is, when it is allowed, and why filing one without a valid legal basis can quickly become costly.
When Is a Lis Pendens Allowed in Washington?
Under Washington law, a lis pendens may be recorded only if the lawsuit actually affects ownership of the property or rights tied to ownership. In practical terms, that means the case must involve questions such as:
• Who owns the property
• Whether title is valid
• How ownership interests will be divided or transferred
A lis pendens cannot be used simply because a dispute involves real estate or because someone hopes to eventually acquire the property. A lis pendens also cannot be used merely to gain leverage or to secure potential damages in the lawsuit. Courts look beyond how a claim is labeled and focus on whether the lawsuit would result in a court order that directly affects title or ownership rights to real property.
A Critical Warning: Attorney’s Fees Can Be Mandatory
Washington law allows for attorney’s fees to be awarded in some lis pendens disputes. However, many property owners are surprised to learn that wrongfully recording a lis pendens can trigger a mandatory award to the prevailing party for their attorney’s fees incurred in removing the lis pendens.
If a court determines that a lis pendens was recorded in a case that does not affect ownership of the property, Washington law requires the filer to pay:
• Actual damages caused by the lis pendens, and
• The other party’s reasonable attorney’s fees incurred to remove it
In such cases, arguments about good faith or misunderstanding of the law will not be considered by the judge.
Key Takeaways for Property Owners and Litigants
• A lis pendens is not a negotiating tool: It cannot be used to pressure the other side or to force a more advantageous settlement absent a genuine ownership dispute.
• Ownership must truly be at issue: If the lawsuit would not change who owns the property, recording a lis pendens is risky.
• Fee exposure can be automatic: Wrongful filings can result in mandatory attorney’s fees to the prevailing party.
• Early correction matters: Promptly withdrawing an improper lis pendens can significantly reduce cost and risk.
Final Thoughts
A lis pendens can be a legitimate and important tool—but only in the right circumstances. Misusing it can lead not only to removal of the notice, but also to court-ordered payment of the other party’s legal fees. If you are considering recording a lis pendens—or dealing with one that has already been filed against your property—obtaining proper legal advice early can prevent costly mistakes and unnecessary litigation.
Disclaimer
This document is provided for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created. Laws vary based on the specific facts of each situation. Consult a qualified Washington attorney regarding your situation.