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RULE 12-102. LIS PENDENS

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 12. Property Actions
Chapter 100. General Provisions
MD Rules, Rule 12-102
RULE 12-102. LIS PENDENS
(a) Scope. This Rule applies to an action filed in a circuit court or in the United States District Court for the District of Maryland that affects title to or a leasehold interest in real property located in this State.
(b) Creation--Constructive Notice. In an action to which the doctrine of lis pendens applies, the filing of the complaint is constructive notice of the lis pendens as to real property in the county in which the complaint is filed. In any other county, there is constructive notice only after the party seeking the lis pendens files either a certified copy of the complaint or a notice giving rise to the lis pendens, with the clerk in the other county.
(c) Termination.
(1) While Action Is Pending. On motion of a person in interest and for good cause, the court in the county in which the action is pending may enter an order terminating the lis pendens in that county or any other county in which the lis pendens has been created.
(2) Upon Conclusion of Action. If (A) the action is dismissed, or (B) judgment is entered in favor of the defendant and a timely appeal is not taken or the judgment is affirmed on appeal, or (C) judgment in favor of the plaintiff is reversed on appeal, vacated, or satisfied, the plaintiff shall file a certified copy of the appropriate docket entry with the clerk in each county in which a certified copy of the complaint or notice was filed pursuant to section (b) of this Rule. If the plaintiff fails to comply with this subsection, the court with jurisdiction over the action, on motion of any person in interest and upon such notice as the court deems appropriate in the circumstances, may enter an order terminating the lis pendens. In the order terminating the lis pendens, the court shall direct the plaintiff to pay the costs and expenses incurred by the person obtaining the order, including reasonable attorney's fees, unless the court finds that the plaintiff had a reason justifying the failure to comply.
(3) Duty of Clerk. Upon entry of an order terminating a lis pendens, the clerk of the court of entry shall transmit a certified copy of the order to the clerk in any other county specified in the order.
Source: This Rule is derived as follows:
Section (a) is new.
Section (b) is derived from former Rule BD1 and BD2.
Section (c) is derived from former Rule BD3.

Credits

[Adopted June 5, 1996, eff. Jan. 1, 1997.]

Editors' Notes

HISTORICAL NOTES
Derivation:
Maryland Rule of Procedure BD1, adopted Sept. 15, 1961, eff. Jan. 1, 1962, related to creation of lis pendens, rescinded June 5, 1996, eff. Jan. 1, 1997.
Maryland Rule of Procedure BD2, adopted Sept. 15, 1961, eff. Jan. 1, 1962, related to constructive notice, rescinded June 5, 1996, eff. Jan. 1, 1997.
Maryland Rule of Procedure BD3, adopted Sept. 15, 1961, eff. Jan. 1, 1962, related to termination of lis pendens, rescinded June 5, 1996, eff. Jan. 1, 1997.
MD Rules, Rule 12-102, MD R PROP ACT Rule 12-102
Current with amendments received through August 1, 2019.
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