Legal Question in Real Estate Law in Utah

lis pendens vs. mechanics lien

I'm wondering what the difference is between a mechanics lien and a lis pendens is on title. I know the definition of a lien and what's required to get that removed, however, I'm not sure if lis pendens muddies the waters more or serves in place of a lien. Example, I'm working on a property for short sale and there have been several liens placed and then some of the companies that have placed the liens have also placed lis pendens for the same reason and then named several defendents.

Thanks


Asked on 3/20/08, 5:44 pm

2 Answers from Attorneys
Mel Larew

Re: lis pendens vs. mechanics lien

The are different but have the same practical effect. A "lis pendens" refers to the fact that there is "litigation pending," the outcome of which could affect title (therefore transferability) for the property.

Holder of liens (and others with claims against the property [separately from any claim against the owners]) who are initiating lawsuits can file lis pendens.

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Answered on 3/20/08, 5:48 pm
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: lis pendens vs. mechanics lien

A lis pendens means "pending litigation" which requires that a lawsuit to have been filed. A lien is a claim for goods, services or other money which is owed in conjunction with the property; a lien must either be allowed by a specific law or by agreement between the parties.

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Answered on 3/24/08, 11:12 am


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