Motion to Discharge/Cancel Lis Pendens in Oregon

Background

“The function of lis pendens is to give constructive notice to one dealing with real property that is the subject of pending litigation that he does so subject to the outcome of that litigation.” (See Pedro v. Kipp (1987) 85 Or. App. 44, 47.)

General Information for Complaints and Motions

“The rule is that one who purchases of either party to the suit the subject-matter of the litigation after the court has acquired jurisdiction is bound by the judgment or decree, whether he purchased for a valuable consideration or not, and without any express or implied notice.” (See Pedro v. Kipp (1987) 85 Or. App. 44, 47-48.)

“In the county where the complaint is filed, lis pendens comes into play at the time the complaint is filed.” (See id.)

"[T]he filing of a complaint in a suit involving, affecting or bringing into question the title to or any interest in or lien upon real property itself provides the notice of the pendency of the action, if it contains the names of the parties, the object of the suit, and the description of the real property involved, affected, or brought in question." (See Pedro v. Kipp (1987) 85 Or. App. 44, 48.)

Standard of Review and Burdens of Proof

“By its terms, ORS 93.740 predicates the recordation of a notice of lis pendens on a presently filed suit involving an interest in real property. In the context of ORS 93.740 and in common parlance, the term suit refers to an action or process in court." (See Doughty v. Birkholtz (1998) 156 Or. App. 89, 94.)

“The specified form requires, among other information, that the party identify the [c]ourt in which the action" has been filed. In turn, under Oregon law, an action is commenced by filing a complaint with the clerk of the court.” (See id.)

“In actions involving real property, any final judgment is binding on the pendente lite transferee under the doctrine of lis pendens.” (See Nationstar Mortg. v. Hinkle (2022) 321 Or. App. 300, 311 n.4.)

The Court’s Decisions

It is well settled that “the doctrine of lis pendens states that the filing of a suit concerning real property is notice to people who obtain an interest in the property after the commencement of the suit that they will be bound by the outcome of the suit.” (See Nationstar Mortg. v. Hinkle (2022) 321 Or. App. 300, 311 n.4.)

It is also well settled that “under the doctrine of lis pendens, one who acquires title to, or a lien upon, or an interest in, mortgaged real property after the commencement of a foreclosure suit, is not a necessary party thereto, but is bound by the decree.” (See id.)