Can a superior Lis Pendens survive a foreclosure?


#1

There is an active 2002 Lis Pendens filed against a property with a 2003 lien going to sale. The husband filed the Lis Pendens to protect community property rights for a pending divorce. In 1998, the husband granted wife an Inter Spousal Grant Deed, vested as a married woman sole and separate property, with? transfer for dissolution of marriage and termination of co-owner interest.? In 2003, the wife solely took out a loan on the property, which is now in foreclosure. Can a 3rd party purchase this at auction without the fear that the Lis Pendens will cloud the title or the final settlement could grant the property back to the husband?


#2

Not if it preceeds the loan. If he were to win the case the loan in foreclosure might not even have a claim to the property to foreclose on. I find it VERY unusual that a lender would be willing to make the loan given the lis pendens and active court case. There may be more to the story and I’d likely continue to dig in and look for more details.
You might also want to ask the question of a local title company or attorney. Perhaps I’m missing something that a chief title officer or attorney would pick up.