A lis pendens is only appropriately filed if it relates in some way to specific real property

Minneapolis, Minnesota creditor lawyers know that filing lis pendens is only appropriate if it relates in some way to specific real property

The doctrine of lis pendens provides constructive notice to the world that a dispute involving real property is ongoing. NRS 14.010(3). “[L]is pendens are not appropriate instruments for use in promoting recoveries in actions for personal or money judgments; rather, their office is to prevent the transfer or loss of real property which is the subject of dispute in the action that provides the basis for the lis pendens.” Levinson v. District Court, 109 Nev. 747, 750, 857 P.2d 18, 20 (1993); see NRS 86.351(1) (providing that “[t]he interest of each member of a limited-liability company is personal property”). “It is fundamental to the filing and recordation of a lis pendens that the action involve some legal interest in the challenged real property.” In re Bradshaw, 315 B.R. 875, 888 (Bankr. D. Nev. 2004). Cf. BGJ Associates v. Superior Court, 89 Cal. Rptr. 2d 693, 703 (Ct. App. 1999) (stating that “an action for money only, even if it relates in some way to specific real property, will not support a lis pendens”). Therefore, under Nevada law, the filing of a notice of pendency is limited to actions involving “the foreclosure of a mortgage upon real property, or affecting the title or possession of real property.” NRS 14.010(1); NRS 14.015(2)(a); see Thomas v. Nevans, 67 Nev. 122, 130, 215 F.2d 244, 247-48 (1950) (providing that “[t]he doctrine of constructive notice resulting from the filing with the county recorder of a notice of lis pendens applies . . . only to actions affecting real property”).