2007 Minnesota Statutes

557.02 NOTICE OF LIS PENDENS.
In all actions in which the title to, or any interest in or lien upon, real property is involved
or affected, or is brought in question by either party, any party thereto, at the time of filing the
complaint, or at any time thereafter during the pendency of such action, may file for record with
the county recorder of each county in which any part of the premises lies a notice of the pendency
of the action, containing the names of the parties, the object of the action, and a description of
the real property in such county involved, affected or brought in question thereby. From the
time of the filing of such notice, and from such time only, the pendency of the action shall be
notice to purchasers and encumbrancers of the rights and equities of the party filing the same to
the premises. When any pleading is amended in such action, so as to alter the description of, or
to extend the claim against, the premises affected, a new notice may be filed, with like effect.
Such notice shall be recorded in the same book and in the same manner in which mortgages are
recorded, and may be discharged by an entry to that effect in the margin of the record by the party
filing the same, or the party's attorney, in the presence of the recorder, or by writing executed and
acknowledged in the manner of conveyance, whereupon the recorder shall enter a minute thereof
on the margin of such record. The filing of such lis pendens at the time of filing the complaint and
before the commencement of the action shall have no force, effect, or validity against the premises
described in the lis pendens, unless the filing of the complaint is followed by the service of the
summons in the action within 90 days after the filing of the complaint therein. Any party claiming
any title or interest in or to the real property involved or affected may on such notice as the court
shall in each case prescribe, make application to the district court in the county in which the action
is pending or in which the real property involved or affected is situated, for an order discharging
the lis pendens of record, when any such action has not been brought on for trial within two years
after the filing of the lis pendens and in case the court orders the lis pendens discharged of record
upon the filing of a certified copy of the order of the court in the office of the county recorder,
where the real property is situated, the lis pendens shall be void and of no force nor effect.
History: (9521) RL s 4389; 1907 c 332 s 1; 1919 c 527 s 1; 1976 c 181 s 2; 1986 c 444