# Title company didn't catch a pending lawsuit. Will the court dismiss me since the lis pendens was not filed or recorded? **URL:** \ **Category:** Foreclosure Investing\ **Created:** [October 25, 2011, 6:34pm UTC](https://community.propertyradar.com/t/title-company-didnt-catch-a-pending-lawsuit-will-the-court-dismiss-me-since-the-lis-pendens-was-not-filed-or-recorded/1654 "2011-10-25T18:34:13Z")\ **Posts on this page:** 6\ **Page:** 1
**Author:** ![Julie3](https://avatars.discourse-cdn.com/v4/letter/j/4491bb/32.png) [@Julie3](https://community.propertyradar.com/u/Julie3)\ **Post date:** [October 25, 2011, 6:34pm UTC](https://community.propertyradar.com/t/title-company-didnt-catch-a-pending-lawsuit-will-the-court-dismiss-me-since-the-lis-pendens-was-not-filed-or-recorded/1654/1 "2011-10-25T18:34:13Z")
I bought a home and wasnt disclosed a pending lawsuit. Title didnt catch it and a lis pendens was never filed. Now I am attached to the lawsuit. Will the court dismiss me since the lis pendens was not filed or recorded? ---
**Author:** ![Sean\_OToole](https://yyz1.discourse-cdn.com/flex029/user_avatar/community.propertyradar.com/sean_otoole/32/4_2.png) [@Sean\_OToole](https://community.propertyradar.com/u/Sean_OToole)\ **Post date:** [October 25, 2011, 6:04pm UTC](https://community.propertyradar.com/t/title-company-didnt-catch-a-pending-lawsuit-will-the-court-dismiss-me-since-the-lis-pendens-was-not-filed-or-recorded/1654/2 "2011-10-25T18:04:48Z")
That’s unlikely. You do need to open a claim with your title insurance company. Just let them handle it. These things happen and that’s why you paid for the insurance. ---
**Author:** ![Julie3](https://avatars.discourse-cdn.com/v4/letter/j/4491bb/32.png) [@Julie3](https://community.propertyradar.com/u/Julie3)\ **Post date:** [October 26, 2011, 3:14am UTC](https://community.propertyradar.com/t/title-company-didnt-catch-a-pending-lawsuit-will-the-court-dismiss-me-since-the-lis-pendens-was-not-filed-or-recorded/1654/3 "2011-10-26T03:14:56Z")
The title company denied my claim saying it was an easement issue. And that a lis pendens was not recorded. So they said they are only required to search recorded documents. ---
**Author:** ![Sean\_OToole](https://yyz1.discourse-cdn.com/flex029/user_avatar/community.propertyradar.com/sean_otoole/32/4_2.png) [@Sean\_OToole](https://community.propertyradar.com/u/Sean_OToole)\ **Post date:** [October 26, 2011, 5:22am UTC](https://community.propertyradar.com/t/title-company-didnt-catch-a-pending-lawsuit-will-the-court-dismiss-me-since-the-lis-pendens-was-not-filed-or-recorded/1654/4 "2011-10-26T05:22:00Z")
You probably have a CLTA policy which limits coverage of non-recorded items to certain things, like forgery. See: [http://www.insurance.ca.gov/0100-consumers/0010-buying-insurance/0080-compare-premiums/title-terms.cfm](http://www.insurance.ca.gov/0100-consumers/0010-buying-insurance/0080-compare-premiums/title-terms.cfm). If its an easement issue the prior owner knew about it now sounds like you need an attorney, and that you may need to file a suit against the seller. ---
**Author:** ![Julie3](https://avatars.discourse-cdn.com/v4/letter/j/4491bb/32.png) [@Julie3](https://community.propertyradar.com/u/Julie3)\ **Post date:** [October 26, 2011, 5:35pm UTC](https://community.propertyradar.com/t/title-company-didnt-catch-a-pending-lawsuit-will-the-court-dismiss-me-since-the-lis-pendens-was-not-filed-or-recorded/1654/5 "2011-10-26T17:35:38Z")
I have a ALTA policy ---
**Author:** ![Michelle](https://avatars.discourse-cdn.com/v4/letter/m/6de8d8/32.png) [@Michelle](https://community.propertyradar.com/u/Michelle)\ **Post date:** [November 1, 2011, 8:03pm UTC](https://community.propertyradar.com/t/title-company-didnt-catch-a-pending-lawsuit-will-the-court-dismiss-me-since-the-lis-pendens-was-not-filed-or-recorded/1654/6 "2011-11-01T20:03:00Z")
Remember that title companies are insurance companies. You should escalate the matter to a manager. Was the easement disclosed on the preliminary title report? This is also why you want to purchase the expanded policy. Were you informed that there was an expanded policy?? It may be time to hire an attorney to fight with the title company. Like any insurance company sometimes you have to fight a little bit.