What Are the Purposes for Filing a Lis Pendens in Colorado?

Sep 14, 2017

by Reed F. Morris:

Since my prior post on the expedited removal of a lis pendens in Colorado, I've received a  number of related questions. The primary issue people seek information on is: What are the purposes for filing a lis pendens on real property in Colorado?

As described in the prior post, the consequences for wrongfully recording a lis pendens in Colorado can be severe, including the recovery of attorneys fees as well as costs for its removal. Similar damages (fees and costs) relief can be achieved through  a slander of title case.

What are the valid reasons for filing a lis pendens in Colorado? The answer to the question is fairly easy. You can file a lis pendens against real estate in Colorado to give notice of a pending suit involving title to the real property that is subject to the lis pendens.

The following types of claims are those that may give rise to filing a lis pendens in Colorado:

  • Claims involving the right to possession of property;
  • Rights to use real property;
  • Claims of ownership of the real estate;
  • Claims to easements, licenses, and other interests affecting title.

Think of a lis pendens as a restatement of the filed papers in the lawsuit to which it is providing notice. It is nothing more than that. Without a lawsuit affecting title to real property, you shall not file a lis pendens. Even if you have a lawsuit that is tangentially related to real estate, be sure that the type of claim affects the title to real property and that it would fall under the body of Colorado law, including cases and statutes governing lis pendens.


Related posts:

Expedited Removal of Lis Pendens in Colorado


MLMW has extensive experience with lis pendens in a variety of claims.  Please do not hesitate to contact us should you have a real estate matter involving a lis pendens, ormlmw_mark_MD_Transparent.jpg whether a lis pendens can effectively be used to preserve your claim.

Category: Real Estate

Category List

Tag List

Colorado Courts (1)
Litigation (15)
Master Services Agreement (2)
Colorado Hispanic Bar Association (1)
Lease Negotiations (1)
Construction (6)
Colorado business disputes (1)
Data Breach Settlement (1)
Cherry Creek Chamber of Commerce (1)
Colorado Construction (1)
Alternative Dispute Resolution (5)
Colorado Judicial Institute (1)
Real Estate (4)
Non-Compete, Colorado non-compete restrictions, enforcing non-compete, protecting Colorado business (1)
Certifiably Green Denver (1)
CO Business Non-Solicitation Restrictions (1)
Denver arbitration (1)
Commercial Real Estate (2)
Non-Solicitation (1)
Helmet Recall (1)
Colorado Employment (20)
Colorado Foundation for Water Education (1)
Ethics (1)
Denver Colorado Business Attorney (9)
ABA Article (1)
subcontractor negotiations (2)
Employment (3)
Data Breach (2)
Colorado Spanish Legal Services (1)
Denver Broncos (1)
Non-Competition Agreements (12)
Denver Business Law (1)
Trade Secrets (6)
Mergers & Acquisitions (5)
attorney-client privilege (2)
CO Attorney Mentoring Program (1)
ABA (1)
Non-Solicitiation (1)
Colorado Retail Leasing (1)
Non-Disclosure (1)
Overtime Wages (2)
Commercial Property (1)
Colorado Enforcement of Non-Compete (2)
Enforcing Non-Solicitation Agreement (1)
Finance Law (2)
Colorado Wrongful Death (1)
cause for termination (1)
American Bar Association (2)
cyber security (3)
Labor (3)
Property Surveys (1)
Arbitration (2)
courts (1)
Non-Compete (2)
Wrongful Death Settlement (1)
St. Anthony, Minnesota (1)
Colorado Real Estate (11)
Colorado LLC (1)
Corporate Law (8)
Leases (4)
Skiing Gear (1)
Colorado attorney mentor (1)
CO Ski and Snowboard Gear Recall (1)
Denver Business Journal (2)
Our Courts Colorado (1)
Colorado Lis Pendens (1)
Construction Contracts (5)
indemnifications (2)
Denver Sustainable Law Firm (1)
Community (29)
Denver Real Estate (1)
Colorado Business (56)
Resolving Business Disputes (1)
Snowboard Gear (1)
LLC Law (2)
Spanish Speaking Lawyers Committee (1)
Construction Bond Claims (2)
Spanish Legal Services (7)
Business Contracts (1)
Credit Card Data (1)
Mechanic's Liens (1)
Real Estate Law Firm (3)
Co-Ownership Agreement (1)
Colorado at-will employment (1)
Employment Law (1)
Spanish Business Law (9)