Md. R. Prop. Act'n 12-102

As amended through October 15, 2024

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 in the land records of a county in which real property that is the subject of the action is located of either (1) a certified copy of the complaint giving rise to the lis pendens or (2) a Notice of Lis Pendens, substantially in the form approved by the State Court Administrator and posted on the Judiciary website, is constructive notice of the pending action as to the subject real property located in that county.

Committee Note: The amendments to Rule 12-102(b) adopted by the Court of Appeals by Rules Order dated 02/09/2022, effective 04/01/2022], changed the procedure for providing notice of a lis pendens by requiring that either a notice substantially in the form approved by the State Court Administrator or a certified copy of the complaint giving rise to the lis pendens be recorded in the land records of each county in which the affected real property is located. Prior to these amendments, notice of a lis pendens was effected either by the filing of the complaint in the county in which the affected real property was located, or, if the property was located in another county, by filing a certified copy of the complaint or a notice with the clerk in that county. Since the amendments are prospective, practitioners and title searchers should continue to review filings of a complaint for notice of lis pendens as to actions filed before 04/01/2022 using the procedure that was followed before 04/01/2022.

(c)Termination of Lis Pendens.

(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 and any other county in which the lis pendens has been recorded.

(2)UTermination as a Matter of Law.

A lis pendens is terminated:

(A) by an order of court dismissing the action, if a timely appeal is not taken, or if an appeal is taken, the appeal is dismissed or the dismissal is affirmed;

(B) by entry of a judgment in favor of the defendant, if a timely appeal is not taken or the judgment is affirmed on appeal; or

(C) by the mandate of an appellate court reversing a judgment in favor of the plaintiff.

(d)Duty of Plaintiff to File Notice of Termination of Lis Pendens

Upon termination of a lis pendens pursuant to section (c) of this Rule, the plaintiff shall record a notice of termination of lis pendens in the land records of each county in which the lis pendens was recorded pursuant to section (b) of this Rule. The notice shall be substantially in the form approved by the State Court Administrator and posted on the Judiciary website.

(e)Failure to File Termination Notice

Within 10 days after termination of the lis pendens, if the plaintiff fails to comply with section (d) of this Rule, 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 authorize any interested person to file the notice of termination. In the order, 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 good reason justifying the failure to comply.

Md. R. Prop. Act'n 12-102

This Rule is derived in part from former Rules BD1, BD2, and BD3 and is in part new.

Adopted June 5, 1996, eff. 1/1/1997; amended February 9, 2022, eff. 4/1/2022; amended April 21, 2023, eff. 7/1/2023.

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.