What Are the Purposes for Filing a Lis Pendens in Colorado?

Sep 14, 2017

by Reed F. Morris:

Since my prior post on the expedited removal of a lis pendens in Colorado, I've received a  number of related questions. The primary issue people seek information on is: What are the purposes for filing a lis pendens on real property in Colorado?

As described in the prior post, the consequences for wrongfully recording a lis pendens in Colorado can be severe, including the recovery of attorneys fees as well as costs for its removal. Similar damages (fees and costs) relief can be achieved through  a slander of title case.

What are the valid reasons for filing a lis pendens in Colorado? The answer to the question is fairly easy. You can file a lis pendens against real estate in Colorado to give notice of a pending suit involving title to the real property that is subject to the lis pendens.

The following types of claims are those that may give rise to filing a lis pendens in Colorado:

  • Claims involving the right to possession of property;
  • Rights to use real property;
  • Claims of ownership of the real estate;
  • Claims to easements, licenses, and other interests affecting title.

Think of a lis pendens as a restatement of the filed papers in the lawsuit to which it is providing notice. It is nothing more than that. Without a lawsuit affecting title to real property, you shall not file a lis pendens. Even if you have a lawsuit that is tangentially related to real estate, be sure that the type of claim affects the title to real property and that it would fall under the body of Colorado law, including cases and statutes governing lis pendens.


Related posts:

Expedited Removal of Lis Pendens in Colorado


MLMW has extensive experience with lis pendens in a variety of claims.  Please do not hesitate to contact us should you have a real estate matter involving a lis pendens, ormlmw_mark_MD_Transparent.jpg whether a lis pendens can effectively be used to preserve your claim.

Category: Real Estate

Category List

Tag List

Colorado Wrongful Death (1)
Community (29)
Denver arbitration (1)
Construction (6)
Denver Colorado Business Attorney (9)
Mergers & Acquisitions (5)
Colorado Employment (20)
ABA Article (1)
Trade Secrets (6)
Colorado Real Estate (11)
Denver Broncos (1)
Employment (3)
Employment Law (1)
ABA (1)
Co-Ownership Agreement (1)
Colorado Lis Pendens (1)
Ethics (1)
CO Business Non-Solicitation Restrictions (1)
Data Breach Settlement (1)
Colorado Judicial Institute (1)
Real Estate (4)
Colorado Construction (1)
Non-Disclosure (1)
Non-Compete, Colorado non-compete restrictions, enforcing non-compete, protecting Colorado business (1)
Construction Bond Claims (2)
Commercial Property (1)
CO Attorney Mentoring Program (1)
Cherry Creek Chamber of Commerce (1)
Colorado Foundation for Water Education (1)
courts (1)
Colorado Retail Leasing (1)
Litigation (15)
Business Contracts (1)
Mechanic's Liens (1)
Lease Negotiations (1)
CO Ski and Snowboard Gear Recall (1)
Helmet Recall (1)
Non-Solicitiation (1)
Colorado LLC (1)
attorney-client privilege (2)
LLC Law (2)
Construction Contracts (5)
Colorado Spanish Legal Services (1)
Leases (4)
Labor (3)
Colorado at-will employment (1)
Arbitration (2)
Overtime Wages (2)
Non-Solicitation (1)
cyber security (3)
Colorado attorney mentor (1)
Finance Law (2)
Spanish Business Law (9)
Colorado Business (56)
Colorado Hispanic Bar Association (1)
Resolving Business Disputes (1)
Property Surveys (1)
Denver Sustainable Law Firm (1)
Enforcing Non-Solicitation Agreement (1)
American Bar Association (2)
Our Courts Colorado (1)
Colorado business disputes (1)
cause for termination (1)
St. Anthony, Minnesota (1)
Credit Card Data (1)
Real Estate Law Firm (3)
Alternative Dispute Resolution (5)
Corporate Law (8)
Snowboard Gear (1)
Wrongful Death Settlement (1)
Non-Compete (2)
Spanish Speaking Lawyers Committee (1)
Data Breach (2)
Colorado Enforcement of Non-Compete (2)
Colorado Courts (1)
Commercial Real Estate (1)
Non-Competition Agreements (12)
Spanish Legal Services (7)
Certifiably Green Denver (1)
Skiing Gear (1)