Lis pendens in sc In South Carolina, a lis pendens is a powerful legal tool used in real estate transactions to notify potential buyers or encumbrancers of a pending lawsuit that may affect the property's title. This Latin term translates to "suit pending" and serves as a public notice, providing constructive knowledge of the lawsuit to all interested parties. This article will delve into the intricacies of lis pendens in South Carolina, discussing its purpose, requirements, and legal implications. Purpose of Lis Pendens The primary purpose of a lis pendens is to protect the interests of parties involved in a lawsuit concerning real property. By filing a lis pendens, a plaintiff aims to prevent the property from being sold, encumbered, or otherwise transferred while the lawsuit is ongoing. This legal mechanism ensures that the court can adjudicate the matter and render a fair and just decision without any interference or alteration of the property's status. Requirements for Filing a Lis Pendens In South Carolina, the filing of a lis pendens is governed by the South Carolina Rules of Civil Procedure, specifically Rule 65(a), which states that a lis pendens may be filed when the complaint concerns the title to, or the possession, use, or enjoyment of, real property. To file a lis pendens, the following requirements must be met: The plaintiff must have a legally cognizable claim to the property. The lawsuit must be filed in a court of competent jurisdiction. Legal Implications of a Lis Pendens Once a lis pendens is filed and recorded in the county where the property is located, it serves as constructive notice to all potential buyers, encumbrancers, and other interested parties. This means that any subsequent purchaser, lender, or title holder takes the property subject to the outcome of the lawsuit. Consequently, a lis pendens can significantly impact the marketability and value of the property. However, it is important to note that a lis pendens does not guarantee the plaintiff's success in the lawsuit. If the plaintiff fails to prove their claim, the lis pendens will be discharged, and the property's title will be cleared of any encumbrance. Conversely, if the plaintiff prevails in their lawsuit, the court's judgment will determine the property's future ownership and title. Conclusion In South Carolina, a lis pendens is an essential legal tool for protecting the interests of parties involved in real property disputes. By providing constructive notice to potential buyers and encumbrancers, a lis pendens ensures that the court can render a fair and just decision without interference or alteration of the property's status. However, filing a lis pendens carries significant legal implications, and parties should carefully consider their options and consult with legal counsel before taking such action.
A lis pendens may be discharged under several circumstances, including: Upon the plaintiff's request, if they no longer have a claim to the property or if the lawsuit has been resolved. Upon the court's order, if the lis pendens was filed without proper grounds or if it was used for an improper purpose. Automatically, if the lawsuit is dismissed or if the plaintiff fails to prosecute the action within a reasonable time. Refund Transfers (RTs) are a type of bank product that allows taxpayers to have their tax refunds deposited directly into their bank accounts. SBTPG offers RTs through a network of partner banks, including MetaBank and Republic Bank & Trust Company. RTs are a popular alternative to RALs, as they do not involve taking out a loan and are subject to fewer fees. In South Carolina, a lis pendens is an essential legal tool for protecting the interests of parties involved in real property disputes. By providing constructive notice to potential buyers and encumbrancers, a lis pendens ensures that the court can render a fair and just decision without interference or alteration of the property's status. However, filing a lis pendens carries significant legal implications, and parties should carefully consider their options and consult with legal counsel before taking such action.