Colorado Lis Pendens Basics And How They’re Released (Part 1 of 2)
by Michael Selinfreund, President / General Counsel for Cherry Creek Title Services, Inc.
This article is intended for educational purposes only and not as legal advice
December 3, 2015
After filing any pleading in an action in any court of record of this state or in any district court of the United States within this state wherein relief is claimed affecting the title to real property, any party to such action may record in the office of the county clerk and recorder in the county or counties in which the real property or any portion thereof is situated a notice of lis pendens containing the name of the court where such action is pending, the names of the parties to such action at the time of such recording, and a legal description of the real property. C.R.S. 38-35-110. It is a good practice to always included the full caption of the case and the case number on the face of the Notice of Lis Pendens.
The party (including an attorney) filing the lis pendens cannot unilaterally release it. See Colorado Real Estate Title Standard 2.3.7. Release of the lis pendens in the public records is evidenced by a certificate issued by the court clerk. See C.R.S. 38-35-110(3). Once the Notice of Lis Pendens is of record, it will encumber the property for six years unless it is disclaimed, released, or extended. There are numerous routes to obtaining such a certificate issued by the court clerk evidencing the release of the lis pendens, and an attorney should be consulted. Importantly, C.R.C.P. 105(f)(3) allows any party to disclaim an interest in all or part of the property which is affected by the Notice of Lis Pendens. This can be helpful in closing transactions prior to receiving a certificate from the court clerk.