Idaho Code
Idaho Code

Idaho Code § 5-505 (2026)

Lis pendens. 

✓ current as of May 2026
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Lis pendens. 

In an action affecting the title or the right of possession of real property, the plaintiff at the time of filing the complaint, and the defendant at the time of filing his answer, when affirmative relief is claimed in such answer, or at any time afterward, may file for record with the recorder of the county in which the property or some part thereof is situated, a notice of the pendency of the action, containing the names of the parties, the object of the action or defense, and a description of the property in that county affected thereby. From the time of filing such notice for record only shall a purchaser or incumbrancer of the property affected thereby be deemed to have constructive notice of the pendency of the action, and only of its pendency against parties designated by their real names.

Notes of Decisions
Cited in 15 cases (3 in the last 5 years), 1979–2026 · leading case: Montierth v. Dorssers, 539 P.3d 578 (Idaho 2023).
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Montierth v. Dorssers, 539 P.3d 578 (Idaho 2023). · cites it 12× “I.C. § 5-505 (emphasis added). Dorssers filed a lis pendens on December 23, 2021, providing notice that “[j]udgment was entered in the original matter on November 23, 2021, but that matter has been appealed … to the Idaho Supreme Court and such appeal is pending as of the date…”
Berkshire Investments, LLC v. Taylor, 278 P.3d 943 (Idaho 2012). · cites it 2× “I.C. § 5-505. Contrary to the Mailes’ argument, it is not properly used as some kind of lien to ensure payment.”
Suitts v. First SEC. Bank of Idaho, NA, 602 P.2d 53 (Idaho 1979). · cites it 4× “Idaho Code § 5-505 states in relevant part: "the defendant at the time of filing his answer, when affirmative relief is claimed in such answer, or at any time afterward, may file for record with the recorder of the county in which the property or some part thereof is situated, a…”
Eismann v. Miller, 619 P.2d 1145 (Idaho 1980). · cites it 2× “I.C. § 5-505. Thus, both the liens and lis pendens have been dissolved and ordered expunged from the record.”
Benz v. D.L. Evans Bank, 268 P.3d 1167 (Idaho 2012). · cites it 2× “As Idaho Code section 5-505 states: In an action affecting the title or the right of possession of real property, the plaintiff at the time of filing the complaint, and the defendant at the time of filing his answer, when affirmative relief is claimed in such answer, or at any…”
Evans v. Galloway, 701 P.2d 659 (Idaho 1985). · cites it 4× “I.C. § 5-505 (filing of lis pendens ), §§ 5-508, 5-509, and 5-513 (not involved) are the surviving remnants of Chapter 5, Title 5.”
Credit Bureau of Lewiston-Clarkston, Inc. v. Idaho First Nat'l Bank, 784 P.2d 885 (Idaho 1989). · cites it 20× “I.C. § 5-505 (the lis pendens statute) reads as follows: 5-505.”
Jerry J. Joseph C.L.U. Ins. Assocs., Inc. v. Vaught, 789 P.2d 1146 (Idaho Ct. App. 1990). · cites it 2× “See I.C. § 5-505; Suitts v. First Security Bank of Idaho, N.”
Kerns v. Kerns, 53 P.3d 1157 (Colo. 2002). “It reasoned that the Idaho lis pendens statute, Idaho Code § 5-505 , (Michie 2001), was "devoid of any language excluding courts of foreign jurisdiction from effecting lis pendens notices within the State of Idaho.”
Greenpoint Mortg. Funding, Inc. v. Schlossberg, 888 A.2d 297 (Md. 2005). “§ 634 — 51 (constructive notice effective upon recording of Notice); Idaho Code § 5-505 (same); 735 III. Comp.”
Sartain v. Fid. Fin. Servs., Inc., 775 P.2d 161 (Idaho Ct. App. 1989). · cites it 2× “Idaho Code § 5-505 provides for the filing of a lis pendens which serves as constructive notice under the doctrine.”
Koski v. Seattle First Nat'l Bank (In Re Koski), 149 B.R. 170 (Bankr. D. Idaho 1992). “Idaho Code 5-505 provides in its pertinent part: From the time of filing such notice [of lis pendens] for record only shall a purchaser or incumbrancer of the property affected thereby be deemed to have constructive notice of the pendency of the action, and only of its pendency…”
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