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“A lis pendens is a legal notice to any such person not having knowledge of the proceedings at the time his interest was procured or derived.” (See Ross v. Specialty Risk Consultants, Inc. (2000) 240 Wis. 2d 23, 32 n.5.)
“As to the parties to the action . . . who appear and participate in the proceedings, the lis pendens serves no real purpose and actually has no application.” (See id.)
“The application of lis pendens must be strictly limited to actions directly seeking to obtain title to or possession of specific real property.” (See id.)
“A lis pendens serves as notice of pending litigation that may affect real estate.” (See Briesemeister v. Lehner (2006) 295 Wis. 2d 429, 449.)
“Wisconsin Stat. subsection 840.10 provides that in an action where relief is demanded affecting real property, which "might confirm or change interests in the real property, the plaintiff shall file in the county where the land is located a lis pendens containing the names of the parties, the object of the action and a description of the land affected.” (See Ross v. Specialty Risk Consultants, Inc. (2000) 240 Wis. 2d 23, 30-31.) “The test to be applied is only whether the relief demanded might confirm or change interests in the real property.” (See id.)
“The statute further provides that from the time of filing of the lis pendens a subsequent purchaser or encumbrancer shall be bound by the proceedings in the action to the same extent and in the same manner as if a party thereto.” (See id.)
“The primary purpose of subsection 840.10 is to protect the courts' and the litigants' interests in the finality of the judgment, as well as the additional objective of giving prospective purchasers and encumbrancers notice of pending actions so that they may avoid buying a lawsuit.” (See id.)
“Once a lis pendens is filed, it clouds the title and effectively prevents the property's transfer until the litigation is resolved or the lis pendens is discharged.” (See id.)
“In any such action in which a lis pendens has been filed or recorded, if the party who presents for filing or recording the lis pendens fails for one year after the filing or recording thereof to serve and file proof of service of the summons or the counterclaim or cross-complaint on one or more of the adverse parties, the lis pendens shall be void, and upon motion and proof the court may order it discharged.” (See Gaugert v. Duve (2000) 233 Wis. 2d 190, 205 n.9.)
“Judgment shall not be entered in favor of the party required to present for filing or recording a lis pendens until 20 days after the lis pendens has been filed or recorded.” (See id.)
It is also well settled that "the propriety of filing the notice [of lis pendens] will be determined from the pleadings alone. Unless the complaint clearly recites a cause of action which, under the statute, does not permit the filing of a notice of lis pendens [e.g., an action to recover judgment for money or damages only], it is not appropriate for a defendant to move directly to discharge the notice.” (See Ross v. Specialty Risk Consultants, Inc. (2000) 240 Wis. 2d 23, 37 n.8.)
It is also well settled that “Wis. Stat. subsection 840.10 permits a lis pendens to be recorded in connection with an out-of-state suit seeking title or possession of property in Wisconsin by means of a constructive trust.” (See id.)
Mar 22, 2024
Active
Barron County
Barron County, WI
Mar 21, 2024
Active
Marathon County
Marathon County, WI
Mar 12, 2024
Active
Brown County
Brown County, WI
Mar 11, 2024
Active
Marathon County
Marathon County, WI
Mar 11, 2024
Active
Marathon County
Marathon County, WI
Mar 07, 2024
Active
Eau Claire County
Eau Claire County, WI
Mar 05, 2024
Active
Waukesha County
Waukesha County, WI
Mar 05, 2024
Active
Waukesha County
Waukesha County, WI
Mar 04, 2024
Active
Waukesha County
Waukesha County, WI
Mar 04, 2024
Active
Waukesha County
Waukesha County, WI
Feb 28, 2024
Active
Waukesha County
Waukesha County, WI
Feb 26, 2024
Active
Hon. Peacock, Ann
Dane County
Dane County, WI
Feb 26, 2024
Active
Brown County
Brown County, WI
Feb 22, 2024
Dismissal
Marathon County
Marathon County, WI
Feb 19, 2024
Active
Marathon County
Marathon County, WI
Feb 19, 2024
Active
Marathon County
Marathon County, WI
Feb 15, 2024
Active
Brown County
Brown County, WI
Feb 15, 2024
Active
Dane County
Dane County, WI
Feb 15, 2024
Active
Hon. Bitney, J. M.
Barron County
Barron County, WI
Feb 15, 2024
Dismissal
Dane County
Dane County, WI
Feb 14, 2024
Active
Sheboygan County
Sheboygan County, WI
Feb 14, 2024
Active
Brown County
Brown County, WI
Feb 13, 2024
Active
Eau Claire County
Eau Claire County, WI
Feb 13, 2024
Active
Winnebago County
Winnebago County, WI
Feb 12, 2024
Active
Hon. Peacock, Ann
Dane County
Dane County, WI
Feb 08, 2024
Active
Eau Claire County
Eau Claire County, WI
Feb 07, 2024
Dismissal
Dane County
Dane County, WI
Feb 06, 2024
Dismissal
Hon. O'Neill, Suzanne C.
Marathon County
Marathon County, WI
Feb 06, 2024
Dismissal
Marathon County
Marathon County, WI
Feb 05, 2024
Active
Dane County
Dane County, WI
Feb 02, 2024
Active
Brown County
Brown County, WI
Feb 02, 2024
Active
Eau Claire County
Eau Claire County, WI
Feb 01, 2024
Active
Dane County
Dane County, WI
Jan 31, 2024
Closed
Waukesha County
Waukesha County, WI
Jan 31, 2024
Active
Dane County
Dane County, WI
Jan 30, 2024
Active
Waukesha County
Waukesha County, WI
Jan 29, 2024
Dismissal
Brown County
Brown County, WI
Jan 29, 2024
Active
Dane County
Dane County, WI
Civil
Jan 26, 2024
Active
Dane County
Dane County, WI
Jan 26, 2024
Active
Ozaukee County
Ozaukee County, WI
Civil
Jan 25, 2024
Dismissal
Brown County
Brown County, WI
Jan 24, 2024
Active
Outagamie County
Outagamie County, WI
Jan 23, 2024
Active
Hon. Limbeck, George A
Sheboygan County
Sheboygan County, WI
Jan 23, 2024
Active
Waukesha County
Waukesha County, WI
Jan 23, 2024
Active
Winnebago County
Winnebago County, WI
Jan 19, 2024
Active
Barron County
Barron County, WI
Jan 19, 2024
Active
Hon. Peacock, Ann
Dane County
Dane County, WI
Jan 19, 2024
Active
Waukesha County
Waukesha County, WI
Jan 18, 2024
Active
Winnebago County
Winnebago County, WI
Jan 18, 2024
Active
Dane County
Dane County, WI
Jan 18, 2024
Active
Dane County
Dane County, WI
Jan 18, 2024
Active
Brown County
Brown County, WI
Jan 17, 2024
Active
Waukesha County
Waukesha County, WI
Jan 17, 2024
Active
Hon. Sosnay-08, William
Milwaukee County
Milwaukee County, WI
Jan 16, 2024
Active
Dane County
Dane County, WI
Jan 16, 2024
Active
Hon. Yamahiro-34, Glenn H
Milwaukee County
Milwaukee County, WI
Jan 15, 2024
Bankruptcy
Dane County
Dane County, WI
Jan 15, 2024
Active
Dane County
Dane County, WI
Jan 12, 2024
Closed
Dane County
Dane County, WI
Jan 12, 2024
Active
Brown County
Brown County, WI
Jan 11, 2024
Active
Hon. Grayson-16, Brittany C.
Milwaukee County
Milwaukee County, WI
Jan 10, 2024
Active
Dane County
Dane County, WI
Jan 10, 2024
Active
Dane County
Dane County, WI
Jan 10, 2024
Active
Clark County
Clark County, WI
Jan 10, 2024
Active
Brown County
Brown County, WI
Jan 09, 2024
Dismissal
Outagamie County
Outagamie County, WI
Jan 08, 2024
Active
Jefferson County
Jefferson County, WI
Jan 05, 2024
Active
Winnebago County
Winnebago County, WI
Jan 05, 2024
Active
Dane County
Dane County, WI
Jan 05, 2024
Active
Hon. Connolly-44, Gwen
Milwaukee County
Milwaukee County, WI
Jan 04, 2024
Active
Waukesha County
Waukesha County, WI
Jan 04, 2024
Dismissal
Hon. Grayson-16, Brittany C.
Milwaukee County
Milwaukee County, WI
Jan 04, 2024
Closed
Hon. McAdams-07, Thomas J.
Milwaukee County
Milwaukee County, WI
Jan 03, 2024
Dismissal
Hon. Yang-47, Kristy
Milwaukee County
Milwaukee County, WI
Jan 03, 2024
Active
Dane County
Dane County, WI
Jan 03, 2024
Active
Winnebago County
Winnebago County, WI
Dec 29, 2023
Active
Winnebago County
Winnebago County, WI
Dec 06, 2023
Active
Waukesha County
Waukesha County, WI
Oct 13, 2023
Active
Waushara County
Waushara County, WI
Oct 13, 2023
Dismissal
Rock County
Rock County, WI
Oct 06, 2023
Active
Hon. Nilsestuen, Ryan D.
Dane County
Dane County, WI
Civil
Civil
Sep 29, 2023
Active
Brown County
Brown County, WI
Sep 28, 2023
Active
Waukesha County
Waukesha County, WI
Civil
Civil
Sep 20, 2023
Active
Brown County
Brown County, WI
Sep 19, 2023
Active
Dane County
Dane County, WI
Civil
Civil
Sep 15, 2023
Closed
Brown County
Brown County, WI
Civil
Sep 07, 2023
Dismissal
Waushara County
Waushara County, WI
Aug 11, 2023
Dismissal
Brown County
Brown County, WI
Aug 10, 2023
Closed
Brown County
Brown County, WI
Aug 09, 2023
Closed
Waukesha County
Waukesha County, WI
Aug 08, 2023
Dismissal
Waushara County
Waushara County, WI
Aug 04, 2023
Closed
Brown County
Brown County, WI
Jul 28, 2023
Dismissal
Dane County
Dane County, WI
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