1 LN Practice Guide MA Civil Pretrial Practice § 2.11

Summary

• [1] Obtaining Court Endorsement and Recording Memorandum of Lis Pendens
  • [a] Understanding Need for Memorandum of Lis Pendens

    A proceeding that affects the title to real property or the use and occupation of real property or the buildings on the real property will have no effect except against the parties to the proceeding, their heirs and devisees and persons having actual non-record notice of the proceeding, until a memorandum of lis pendens is recorded in the registry of deeds for the county or district where the real property lies. See Heller v. Turner Bros. Constr., 40 Mass. App. Ct. 363, 663 N.E.2d 1243 (1996) (court enjoined sheriff’s sale of condominium unit by construction company after judgment in favor of construction company against developer in another action, where plaintiff condominium unit purchaser had previously recorded memorandum of lis pendens during previous action for specific performance of conveyance of condominium unit to plaintiff condominium unit purchaser). See ...