Can I Record a Lis Pendens in Arizona if the Lawsuit is filed Another Jurisdiction?

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There’s some debate about whether foreign litigation can support a local lis pendens.

September 26, 2022
Ben Reeves - Snell & Wilmer Real Estate Litigation Blog

Recent research I did on a case led me to the conclusion that Arizona law recognizes foreign litigation (i.e., a lawsuit filed outside of Arizona) as a justification for the recording of a lis pendens against real property located within Arizona. See TWE Retirement Fund Trust v. Ream, 198 Ariz. 268 (Ct. App. 2000). Apparently, there’s some debate about whether foreign litigation can support a local lis pendens. See Boca Petroco, Inc. v. Petroleum Realty II, 285 Ga. 487 (Ga. 2009). As noted in the TWE case, Arizona’s lis pendens statute (A.R.S. 12-1191) does not discriminate between local or foreign “actions.” As such, if litigation is pending anywhere that affects Arizona real property, a lis pendens can (and probably should) be filed.

Reprinted courtesy of Ben Reeves, Snell & Wilmer

Mr. Reeves may be contacted at breeves@swlaw.com

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