sarah e
May 19, 2009, 11:13 AM
Does a certificate of pending litigation stop the sale of a property under power of sale?
LisaB4657
May 19, 2009, 11:28 AM
When you say a "certificate of pending litigation" I assume you're referring to a lis pendens, which is a document that gets recorded in the same place that deeds are recorded, informing the public that there is a lawsuit that has been filed (or is about to be filed) concerning the property.
If that's what you're referring to, then it will stop any sale or financing of the property because the title will not be clear. A title company will not insure it and a lender will not make the loan until the lis pendens is removed.