Memorandum of Lis Pendens
(MA)

Summary

This memorandum of lis pendens may be filed in Massachusetts to put third-parties on notice that a pending legal action affects title to real property or the right to use and occupy real property or buildings located thereon. This template contains practical guidance and drafting notes. In Massachusetts, a legal proceeding affecting title to real property or the use and occupancy of real property or buildings located on real property is only effective against the parties to the proceeding, their heirs and devisees, and persons having actual non-record notice of the proceeding unless a memorandum of lis pendens is recorded in the registry of deeds for the county or district where the real property is located. Mass. Ann. Laws ch. 184, § 15(a); Heller v. Turner Bros. Constr., 663 N.E.2d 1243 (1996). The memorandum must contain: • The names of the parties to the proceeding • The court in which the proceeding is pending • The commencement date of the proceeding • The name of the town where the real property is located –and– • A description of the real property sufficiently accurate for identification The plaintiff must make a motion for permission from the court before filing the lis pendens. To be accepted for recording, the memorandum of lis pendens must contains the court's endorsement and be accompanied by an affidavit stating that the plaintiff or the plaintiff's attorney has served notice of the allowance of the memorandum of lis pendens on all the parties to the action by certified mail. Mass. Gen. Laws Ch. 184, § 15(b). The memorandum of lis pendens may be dissolved at any time by recording a notice of voluntary dissolution executed and acknowledged by the party who executed the memorandum, by that party's successor in interest or by an attorney of record for either of the parties. Mass. Gen. Laws Ch. 184, § 15(a). For further guidance see 1 LN Practice Guide MA Civil Pretrial Practice § 2.11.