“The object of a lis pendens is to give notice of the pendency of the action to persons who may subsequently acquire or seek to acquire rights in the property, but it is not for the protection of the parties to the action, for they have notice of its pendency, and of the claim made by it.” (See Kalamath Co. v. Asphalt Co. (1963) 153 Colo. 109, 112.)
“In Colorado, a notice of lis pendens may be filed "in an action wherein relief is claimed affecting the title to real property.” (See Alien, Inc. v. Futterman (1995) 924 P.2d 1063, 1070.)
“From the time of recording, such notice of lis pendens shall be notice to any person thereafter acquiring, by, through, or under any party named in such notice, an interest in the real property described in the notice . . . that the interest so acquired may be affected by the action described in the notice." (See Thomas v. Lynx United Group, LLC (2006) 159 P.3d 789, 793.)
“Thus, a notice of lis pendens is not notice to a person who acquires an interest in the property from someone other than the parties named in the notice. This is the plain meaning of the statute, and we must enforce it as written.” (See id.)
“In general, a notice of lis pendens automatically expires forty-five days after the entry of final judgment in the underlying action.” (See Pierce v. Francis (2008) 194 P.3d 505, 508.)
“However, if a timely appeal is filed, the notice of lis pendens shall remain in effect until it expires for reasons not pertinent here or until the court having jurisdiction over the action enters an order determining that the notice of lis pendens is no longer in effect.” (See id.)
“The policy underlying a notice of lis pendens is to prevent a proceeding involving real property rights from being thwarted by transfers of property interests to persons not bound by the outcome of the proceeding.” (See Pierce v. Francis (2008) 194 P.3d 505, 509-10.)
“The lis pendens statute is to be construed broadly, especially with respect to the term affecting the title to real property, so as to further the policy behind the statute.” (See id.)
“Thus, even litigation that does not seek to change ownership in any way but does involve a determination of certain rights [and liabilities] incident to ownership falls within the purview of the statute." (See id.)
It is well settled that “the notice of lis pendens is intended to provide notice of pending litigation to anyone interested in acquiring an interest in the subject property.” (See Hewitt v. Rice (2007) 154 P.3d 408, 412; Pierce v. Francis (2008) 194 P.3d 505, 507-08.)
It is also well settled that “a lis pendens notice effectively renders title unmarketable and prevents its transfer until the litigation is resolved or the notice is expunged.” (See Kerns v. Kerns (2002) 53 P.3d 1157, 1164 n. 6; Pierce v. Francis (2008) 194 P.3d 505, 507-08.)
Jan 31, 2023
Hon. D Cory Jackson
Ouray County
Ouray County, CO
Dec 08, 2022
Denver County
Denver County, CO
Oct 21, 2022
Dismissal
Boulder County
Boulder County, CO
Oct 17, 2022
Dismissal
Douglas County
Douglas County, CO
Oct 14, 2022
Dismissal
Arapahoe County
Arapahoe County, CO
Sep 27, 2022
Hon. J Eric Elliff
Denver County
Denver County, CO
Aug 08, 2022
Dismissal
Adams County
Adams County, CO
Jul 27, 2022
Default Judgment
Arapahoe County
Arapahoe County, CO
Jul 20, 2022
Dismissal
Eagle County
Eagle County, CO
Jul 11, 2022
Dismissal
Adams County
Adams County, CO
May 19, 2022
Denver County
Denver County, CO
May 02, 2022
Dismissal
San Miguel County
San Miguel County, CO
Apr 26, 2022
Dismissal
Jefferson County
Jefferson County, CO
Apr 14, 2022
Dismissal
El Paso County
El Paso County, CO
Apr 12, 2022
Dismissal
Adams County
Adams County, CO
Apr 05, 2022
Dismissal
Adams County
Adams County, CO
Mar 22, 2022
Default Judgment
Weld County
Weld County, CO
Mar 11, 2022
Dismissal
Pitkin County
Pitkin County, CO
Mar 10, 2022
Arapahoe County
Arapahoe County, CO
Mar 04, 2022
Dismissal
Garfield County
Garfield County, CO
Feb 08, 2022
Dismissal
El Paso County
El Paso County, CO
Feb 07, 2022
Dismissal
Crowley County
Crowley County, CO
Jan 21, 2022
Arapahoe County
Arapahoe County, CO
Jan 15, 2022
Dismissal
Fremont County
Fremont County, CO
Jan 12, 2022
Dismissal
Denver County
Denver County, CO
Jan 10, 2022
Arapahoe County
Arapahoe County, CO
Jan 04, 2022
Arapahoe County
Arapahoe County, CO
Dec 29, 2021
Default Judgment
Boulder County
Boulder County, CO
Dec 17, 2021
Dismissal
Pueblo County
Pueblo County, CO
Dec 08, 2021
Default Judgment
Arapahoe County
Arapahoe County, CO
Dec 08, 2021
Dismissal
Mesa County
Mesa County, CO
Dec 07, 2021
Dismissal
El Paso County
El Paso County, CO
Dec 06, 2021
Dismissal
Arapahoe County
Arapahoe County, CO
Dec 01, 2021
Dismissal
Douglas County
Douglas County, CO
Nov 19, 2021
Settlement
Denver County
Denver County, CO
Nov 18, 2021
Dismissal
Hon. Sarah Elizabeth Stout
Adams County
Adams County, CO
Nov 17, 2021
Default Judgment
Weld County
Weld County, CO
Nov 10, 2021
Dismissal
Boulder County
Boulder County, CO
Nov 09, 2021
Non-Jury Verdict
Weld County
Weld County, CO
Nov 05, 2021
Dismissal
Denver County
Denver County, CO
Nov 05, 2021
Dismissal
Park County
Park County, CO
Nov 04, 2021
Default Judgment
Denver County
Denver County, CO
Nov 03, 2021
Dismissal
Adams County
Adams County, CO
Oct 29, 2021
Dismissal
Denver County
Denver County, CO
Sep 28, 2021
Dismissal
Denver County
Denver County, CO
Sep 23, 2021
Dismissal
Chaffee County
Chaffee County, CO
Sep 23, 2021
Bankruptcy
Douglas County
Douglas County, CO
Sep 22, 2021
Judgment on Appeal
Arapahoe County
Arapahoe County, CO
Sep 16, 2021
Arapahoe County
Arapahoe County, CO
Sep 02, 2021
Dismissal
Summit County
Summit County, CO
Aug 23, 2021
Settlement
Denver County
Denver County, CO
Aug 19, 2021
Dismissal
Adams County
Adams County, CO
Aug 17, 2021
Dismissal
Boulder County
Boulder County, CO
Aug 17, 2021
Arapahoe County
Arapahoe County, CO
Aug 12, 2021
Dismissal
Denver County
Denver County, CO
Aug 03, 2021
Dismissal
Eagle County
Eagle County, CO
Jul 28, 2021
Dismissal
San Miguel County
San Miguel County, CO
Jul 28, 2021
Dismissal
Boulder County
Boulder County, CO
Jul 23, 2021
Dismissal
Denver County
Denver County, CO
Jul 06, 2021
Dismissal
El Paso County
El Paso County, CO
Jul 06, 2021
Default Judgment
Jefferson County
Jefferson County, CO
Jun 24, 2021
Default Judgment
El Paso County
El Paso County, CO
Jun 21, 2021
Dismissal
Denver County
Denver County, CO
Jun 17, 2021
Dismissal
Denver County
Denver County, CO
Jun 14, 2021
Settlement
Elbert County
Elbert County, CO
Jun 08, 2021
Non-Jury Verdict
El Paso County
El Paso County, CO
Jun 02, 2021
Dismissal
El Paso County
El Paso County, CO
May 28, 2021
Dismissal
Arapahoe County
Arapahoe County, CO
May 17, 2021
Default Judgment
Douglas County
Douglas County, CO
May 13, 2021
Dismissal
Elbert County
Elbert County, CO
Apr 22, 2021
Bankruptcy
Denver County
Denver County, CO
Apr 20, 2021
Dismissal
El Paso County
El Paso County, CO
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