Posted by JPiper on January 16, 2000 at 12:16:31:
Here’s the bottom line…the property was sold. A lis pendens does NOT say the property can’t be sold. It simply WARNS that a lawsuit is pending…period. If the new buyer did not pull title work, he may not have been aware of the lis pendens…and therefore bought the property subject to the lis pendens. Then again, maybe the new buyer is aware of the lis pendens, evaluated your potential suit himself…and decided it wasn’t a risk. Or perhaps, he evaluated the suit, negotiated the price based on the suit…and bought the property. Even the title company could have run title work, picked up the lis pendens, and excepted it from it’s insurance…or perhaps insured around the potential suit as I mentioned earlier.
Lot’s of possibilities…and probably some I didn’t mention. Either way, if you have a case, and have the interest and money to pursue said case…everyone appears to be waiting on you. You can still sue for specific performance and/or damages.
What would I do? Can’t say…don’t know enough details on the case or on the property.