The principle of res judicata is that when a matter has been finally adjudicated upon by a court of competent jurisdiction it may not be reopened or challenged by the original parties or their successors in interest.
It avoids unnecessary waste of resource in the judicial system. Litigants are being prevented by res judicata from multiplicity of proceedings. Identification of things at a suit, cause of action, same parties, final adjudication of the matter, former suit, if parties were given fair opportunity to be heard on the issues are some essential factors to attract res judicata.
In a case, Digambara rao Hanumanta rao Deshpande vs Ranga rao Reghunatha rao Desai , it was observed that the rule of res judicata prevails over the doctrine of lis pendens.
The doctrine of lis pendens cannot prevail over the rule of res judicata. At the same time, the law of lis pendens is an extension of the law of res judicata and makes the adjudication in the suit binding on alienees from the parties pending suit, just as the law of res judicata the adjudication binding on the parties to the suit and on alienees from them after decree.
The rule of lis pendens goes a step further and lays down that whoever purchases a property during pendency of an action, is held bound by the judgment that may be made against the person from whom he derived his title, even though such a purchaser was not a party to the action or had no notice of the pending litigation.
Lis pendens is literally translated from Latin as "a suit pending. The term is commonly abbreviated "lis pend. Lis pendens provides constructive notice, or a warning, to prospective homebuyers that the ownership of a property is in dispute and there is litigation pending. Lis pendens can only be filed if a claim is related specifically to the property. By filing a lis pendens, an individual or entity is protecting its claim to the title pending the outcome of the lawsuit.
A lis pendens is only lifted once the lawsuit has been settled. Because pending litigation can take months and sometimes years, buyers are often advised to stay clear of these properties. Lis pendens is often filed in divorce cases where the distribution of real estate properties has not been settled. It is particularly common in cases where a property is listed in the name of one spouse, and the other spouse seeks a portion of the asset.
The spouse whose name is on the title would have a difficult time selling the property under pending litigation. Lis pendens is almost always used by lenders who have filed a notice of default on a delinquent borrower. Banks use the procedure to put the public on notice that a property is in foreclosure. Other types of creditors whose debt is secured by property can also foreclose on a property.
This often occurs when a homeowners' association initiates a foreclosure for delinquent fees. It is not uncommon for lis pendens to arise in cases of contract disputes, where a buyer feels they have been wrongly excluded from the purchase of a home. For example, if buyer A and a seller enter into a contract for the sale of a home and the seller decides to sell the home to buyer B, buyer A may sue the seller to enforce the sale.
The buyer can file a lis pendens, making it difficult for the seller to actually sell the house. If buyer B proceeds with the purchase and the courts determine that buyer A is entitled to enforce the sale, buyer B loses the property to buyer A and must go to the seller to get their money back. Real Estate Investing. Purchasing A Home. Your Privacy Rights. We utilize a multi-disciplinary team philosophy with attorneys of varying specialties and points of view.
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