What Is a Lis Pendens in NH Real Estate?

🏡 What Is a Lis Pendens in NH Real Estate?

When buying a home in Plymouth, Campton, Rumney, Thornton, or anywhere across Central NH, you may come across the term lis pendens during a title search.

A lis pendens is a serious legal notice that can affect ownership, delay closing, or even block a sale entirely. NH buyers need to understand what it means and how it impacts the property they’re considering.

Here’s what you should know before moving forward.

⭐ What Is a Lis Pendens?

A lis pendens is a recorded legal notice filed in the county Registry of Deeds indicating that the property is involved in an active lawsuit.

The term means “suit pending.”

A lis pendens warns buyers, lenders, and anyone reviewing the title that the property’s ownership or condition may be affected by ongoing litigation.

Common lawsuits that trigger a lis pendens include:

✔ Boundary or land disputes

✔ Foreclosure actions

✔ Divorce or marital property disputes

✔ Contract disputes

✔ Claims of ownership by another party

✔ Fraud allegations involving the property

✔ Enforcement of an easement or right-of-way

Until the case is resolved, the property’s title is considered clouded.

⭐ How a Lis Pendens Affects NH Buyers

A property with a lis pendens can create significant problems:

⚠️ Lenders may refuse to issue a mortgage

⚠️ Buyers risk inheriting the dispute

⚠️ Title insurance may be denied

⚠️ Closing may be delayed indefinitely

⚠️ The seller may not have clear, marketable title

In many cases, buyers choose to avoid properties with an active lis pendens unless they fully understand the lawsuit.

⭐ Can a Property Be Sold With a Lis Pendens?

Technically, yes — but with major limitations.

The seller must disclose the lis pendens, and the buyer must accept that the title is tied to an unresolved legal issue. Most lenders will not finance the purchase unless the lawsuit is resolved or the lis pendens is legally released.

Cash buyers sometimes purchase these properties, but often at a lower price.

⭐ How Is a Lis Pendens Removed?

A lis pendens can be removed when:

✔ The lawsuit is settled

✔ A judge orders its release

✔ Parties reach an agreement

✔ The claim is dropped

✔ An appeal expires

Once resolved, the release must be recorded at the Registry of Deeds to clear the title.

⭐ What NH Buyers Should Do if a Property Has a Lis Pendens

Before moving forward, buyers should:

✔ Have their closing attorney review the lawsuit

✔ Understand the risks involved

✔ Ask the seller for updates or legal documents

✔ Confirm whether title insurance will be available

✔ Avoid making improvements or investments until title is clear

A lis pendens is a red flag that requires caution.

⭐ Keywords

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Jim Johnson — Real Estate Agent

58 NH Route 25A

Wentworth, NH 03282

P: (857) 249-7392

W: www.JimJohnsonRealEstateAgent.com

Licensed New Hampshire REALTOR® with Three Hills Real Estate Services

Broker Email: info@ThreeHillsRES.com

Broker Website: www.ThreeHillsRES.com