This case has been cited 2 times or more.
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2005-05-16 |
AUSTRIA-MARTINEZ, J. |
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| In Magdalena Homeowners Association, Inc. vs. Court of Appeals,[26] we held that a notice of lis pendens is appropriate in the following:(a) an action to recover possession of real estate; | |||||
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2005-01-21 |
CARPIO, J. |
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| The notice of lis pendens x x x is ordinarily recorded without the intervention of the court where the action is pending. The notice is but an incident in an action, an extrajudicial one, to be sure. It does not affect the merits thereof. It is intended merely to constructively advise, or warn, all people who deal with the property that they so deal with it at their own risk, and whatever rights they may acquire in the property in any voluntary transaction are subject to the results of the action, and may well be inferior and subordinate to those which may be finally determined and laid down therein. The cancellation of such a precautionary notice is therefore also a mere incident in the action, and may be ordered by the Court having jurisdiction of it at any given time. And its continuance or removal x x x is not contingent on the existence of a final judgment in the action, and ordinarily has no effect on the merits thereof.[24] | |||||