28-05 Lis Pendens
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<![CDATA[CHAPTER 28-05LIS PENDENS28-05-01. Civil action - How commenced. Superseded by N.D.R.Civ.P., Rule 3.28-05-02. Requisites of summons in actions in the district court. Superseded byN.D.R.Civ.P., Rule 4.28-05-03. Form of civil summons in district court. Superseded by N.D.R.Civ.P., Rule4.28-05-04. Summons and procedure where complaint not served with summons.Superseded by N.D.R.Civ.P., Rules 4, 12.28-05-05. Action deemed discontinued if complaint not served with summons andnot filed within thirty days. Superseded by N.D.R.Civ.P., Rule 4.28-05-06. Notice of no personal claim. Repealed by omission from this code.28-05-07. Lis pendens - Effect. In a civil action in a district court affecting the title toreal property, the plaintiff, at the time of filing the complaint or at any time afterwards, or the<br>defendant, when the defendant sets up in the defendant's answer an affirmative claim for relief<br>affecting the title to real property and demands substantive relief, at the time of filing the<br>defendant's answer or at any time afterwards, may file for record with the recorder of each county<br>in which the real property is situated a notice of the pendency of the action, containing the names<br>of the parties, the object of the action, and a description of the real property affected. From the<br>time of filing only shall the pendency of the action be constructive notice to a purchaser or<br>encumbrancer of the property affected thereby, and every person whose conveyance or<br>encumbrance is subsequently executed or subsequently recorded is deemed a subsequent<br>purchaser or encumbrancer with notice and is bound by all proceedings taken after the filing of<br>such notice to the same extent as if that person were a party to the action. For the purpose of<br>this section, an action is deemed to be pending from the time of filing such notice, but such<br>notice is of no avail unless it is followed by the first publication of the summons, or by the<br>personal service thereof on a defendant, within sixty days after such filing.28-05-07.1. Lis pendens - Notice - Limitation of ten years. On and after January 1,1958, no lis pendens now of record or hereafter filed is notice, either actual or constructive, of the<br>pendency of any action or of any of the matters referred to in the court files and records<br>pertaining to the action noticed by such lis pendens, after such lis pendens has been of record for<br>ten years unless a new notice of lis pendens in the same action is recorded within said ten years.<br>The effect of any lis pendens which has been of record for ten years upon the effective date of<br>this section may be preserved by the recording of a new notice of lis pendens in the same action<br>on or before December 31, 1957.Nothing contained in this section increases the effect orlengthens the term for which a lis pendens is notice under any existing law nor create a right to<br>renew the operation of a lis pendens already barred by any existing law.28-05-08. Cancellation of lis pendens. The court in which the action was commenced,at any time, on application of any person aggrieved and on good cause shown and on such<br>notice as directed or approved by the court, may order the notice authorized by section 28-05-07<br>to be canceled of record in whole or in part by the recorder of any county in whose office the<br>same may have been filed for record, and such cancellation must be made by an endorsement<br>to that effect on the margin of the record which shall refer to the order. Such cancellation, in like<br>manner, may be made by the recorder upon a written request, directing such cancellation, signed<br>by the party or the attorney of the party who caused such notice to be filed. Such notice is also<br>canceled by the entry of a final judgment in the action if no appeal has been taken from such<br>judgment within the time provided by law.Page No. 128-05-09. When lis pendens not required. A notice of the pendency of an action in adistrict court is not required if the action is for the foreclosure of a mortgage or for the<br>enforcement of a construction lien or miner's lien.28-05-10.When civil action deemed pending.A civil action in a district court isdeemed to be pending from the time of its commencement until its final determination upon<br>appeal or until the time for appeal has passed, unless the judgment is sooner satisfied.28-05-11. Filing of summons and pleadings - Time for - Order requiring - Costs onorder for. Superseded by N.D.R.Civ.P., Rule 5.Page No. 2Document Outlinechapter 28-05 lis pendens]]>