New York State Private Investigator Practice Exam

Which legal document serves as notice that an action is pending concerning real property?

1. Lien

2. Jurat

3. Lis Pendens

4. Mandamus

The correct answer is: Lis Pendens

The legal document that serves as notice that an action is pending concerning real property is known as a "Lis Pendens." This term, which translates to "suit pending" in Latin, is crucial in real estate law as it provides formal notice to interested parties that there is an ongoing lawsuit involving a specific piece of property. When a Lis Pendens is filed, it essentially puts the public on notice that any potential buyers or lenders should be aware that the property in question is subject to litigation. This filing is significant because it can affect the marketability of the property. If someone purchases the property after a Lis Pendens has been filed, they may do so at their own risk, as they could be subject to the outcome of the pending legal action. The other options do not serve this specific purpose. A lien, while it indicates a claim against property due to debt or obligations, does not specifically inform about a pending lawsuit. A jurat is a legal certification of an oath and does not provide notice of legal actions regarding property. Mandamus is a judicial remedy compelling a government official to perform their duty and is not related to property actions. Thus, a Lis Pendens uniquely fulfills the role of notifying the public regarding pending actions related to real