Motion to Expunge Lis Pendens in Virginia

What Is a Motion to Expunge Lis Pendens?

Understanding the Purpose and Significance of a Motion to Expunge Lis Pendens

“A notice of lis pendens…is not an injunction. A notice of lis pendens is merely a notice of the pendency of the suit to anyone interested and a warning that he should examine the proceedings therein to ascertain whether the title to the property was affected or not by such proceedings." (See Young-Allen v. Bank of Am., N.A. (2020) 839 S.E.2d 897, 902; Harris v. Lipson (1937) 167 Va. 365, 372, 189 S.E. 349.)

“A lis pendens makes static the record as it is when it is filed.” (See Young-Allen v. Bank of Am., N.A. (2020) 839 S.E.2d 897, 902; Bryan v. Jackson (1941) 178 Va. 123, 130, 16 S.E.2d 366.)

“A lis pendens is merely a notice that a claim which affects the property has been asserted." (See Young-Allen v. Bank of Am., N.A. (2020) 839 S.E.2d 897, 902; Kent Sinclair and Leigh B. Middleditch, Jr., Virginia Civil Procedure § 3.14, at 381 (6th ed. 2014).)

Notice of Lis Pendens or Attachment

Chapter 6 subsections 8.01-267.1 – 8.01-269 of the Code of Virginia governs lis pendens.

“No lis pendens or attachment shall bind or affect a subsequent bona fide purchaser of real or personal estate for valuable consideration and without actual notice of such lis pendens or attachment, until and except from the time a memorandum setting forth the title of the cause or attachment, the general object thereof, the court wherein it is pending, the amount of the claim asserted by the plaintiff, a description of the property, the name of the person whose estate is intended to be affected thereby, and in an action to enforce a zoning ordinance a description of the alleged violation, shall be admitted to record in the clerk's office of the circuit court of the county or the city wherein the property is located…” (See Va. Code § 8.01-268(A).)

“No memorandum of lis pendens shall be filed unless the action on which the lis pendens is based seeks to establish an interest by the filing party in the real property described in the memorandum, or unless the action on which the lis pendens is based seeks to enforce a zoning ordinance.” (See Va. Code § 8.01-268(B).)

“If such attachment or lis pendens is quashed or dismissed or such cause is dismissed, or judgment or final decree in such attachment or cause is for the defendant or defendants, the court shall direct in its order (i) that the names of all interested parties thereto, as found in the recorded attachment or lis pendens be listed for the clerk, and (ii) that the attachment or lis pendens be released and, the court may, in an appropriate case, impose sanctions as provided in § 8.01-271.1.” (See Va. Code § 8.01-269.)

Legal Precedents and Case Law on a Motion to Expunge Lis Pendens

It is well settled that “the doctrine of lis pendens does not depend upon the presumption of notice, but upon reasons of public policy.” (See Carrington v. Didier (1851) 49 Va. 260.)

It is also well settled that “a lis pendens can only exist where the parties have a title to the subject in controversy.” (See Lyne v. Jackson (1822) 22 Va. 114, 118.)

Dockets for Motion to Expunge Lis Pendens in Virginia

Sort By

BOCK, ALEXANDER WILEY vs COMMONWEALTH OF VIRGINIA

Filed

May 08, 2024

Court

Winchester city

County

Winchester City, VA

Case #