Title Examination Standards
Chapter 1, App.
Chapter 3. Instruments in the Record
§3.6. Lis Pendens.

Oklahoma law recognizes the doctrine of lis pendens. The doctrine has its genesis in common law and equity jurisprudence and has been partially codified at 12 O.S. §2004.2.

The recorded lis pendens notice does not impress the affected property interest with a lien, encumbrance or defect but rather operates to bind third parties with notice that any interest in the real property affected by the pending litigation will be subject to the outcome of the litigation.

A recorded lis pendens notice is simply notice of pending litigation which may affect the described real property. The examiner should carefully review the underlying litigation and determine whether the litigation affects the interests under examination. No release of the lis pendens notice need be recorded.

Authority: 12 O.S. §2004.2, White v. Wensauer, 1985 OK 26, 702 P.2d 15 (Okla. 1985).

The 2018 Title Examination Standards Sub-Committee of the Real Property Law Section proposed adding new Standard 3.6, to make clear the purpose and effect of the filing of a Lis Pendens. The Real Property Law Section approved the proposal on November 8, 2018 and the House of Delegates adopted the proposal on November 9, 2018, effective immediately.

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