Illinois Compiled Statutes
735 ILCS 5/2-1901 (2026)
Lis Pendens - Operative date of notice
✓ current as of May 2026
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(735 ILCS 5/2-1901)
(from Ch. 110, par. 2-1901)
Sec. 2-1901.
Lis Pendens - Operative date of notice.
Except as
otherwise provided in Section 15-1503, every
condemnation proceeding, proceeding to sell real estate of decedent to pay
debts, or other action seeking equitable relief, affecting or involving real
property shall, from the time of the filing in the office of the recorder
in the county where the real estate is located, of a notice signed by any party
to the action or his attorney of record or attorney in fact, on his or her
behalf, setting forth the title of the action, the parties to it, the court
where it was brought and a description of the real estate, be constructive
notice to every person subsequently acquiring an interest in or a lien on
the property affected thereby, and every such person and every person
acquiring an interest or lien as above stated, not in possession of the
property and whose interest or lien is not shown of record at the time of
filing such notice, shall, for the purposes of this Section, be deemed a
subsequent purchaser and shall be bound by the proceedings to the same extent
and in the same manner as if he or she were a party thereto. If in any
such action plaintiff or petitioner neglects or fails for the period of 6
months after the filing of the complaint or petition to cause notice to be
given the defendant or defendants, either by service of summons or
publication as required by law, then such notice shall cease to be such
constructive notice until service of summons or publication as required by law is had.
This Section authorizes a notice of any of these actions concerning real
property pending in any United States district court to be recorded and
indexed in the same manner and in the same place as herein provided with
respect to notices of such actions pending in courts of this State.
However, no such action or proceeding shall be constructive notice,
either before or after service of summons or publication, as to property
subject to the provisions of "An Act concerning land titles", approved May
1, 1897, as amended, until the provisions of Section 84
of that Act are complied with.
At any time during the pendency of an action or proceeding initiated
after July 1, 1959, which is constructive notice, the court, upon motion,
may for good cause shown, provided a finding of specific performance is not
necessary for final judgment in the action or proceeding, and upon such
terms and conditions, including the posting of suitable bond, if any, as it
may deem equitable, authorize the making of a deed, mortgage, lease or
other conveyance of any or all of the real estate affected or involved, in
which event the party to whom the deed, mortgage, lease or other conveyance
of the real estate is made and those claiming under him or her shall not be
bound by such action or proceeding.
(Source: P.A. 85-907.)
Notes of Decisions
Cited in 23
cases (3 in the last 5 years), 1996–2023 · leading case: LLC 1 05333303020 v. Gil, 2020 IL App (1st) 191225 (Ill. App. Ct. 2020).
LLC 1 05333303020 v. Gil, 2020 IL App (1st) 191225 (Ill. App. Ct. 2020). “The first, section 2-1901 of the Code (735 ILCS 5/2-1901 (West 2008)) states: “Except as otherwise provided in Section 15-1503, every condemnation proceeding, proceeding to sell real estate of decedent to pay debts, or other action -6- No.”
Chung v. Pham, 2020 IL App (3d) 190218 (Ill. App. Ct. 2020). “See 735 ILCS 5/2-1901 (West 2014). The mere existence of a pending lawsuit is no longer treated as constructive notice for purposes of lis pendens.”
Lake Cnty. Grading Co., LLC v. Forever Constr., Inc., 2017 IL App (2d) 160359 (Ill. App. Ct. 2017). “Under the lis pendens doctrine, codified in section 2- 1901 of the Code of Civil Procedure (Code) (735 ILCS 5/2-1901 (West 2012)), one who obtains an interest in property during the pendency of a suit affecting it, and who has constructive notice -3- 2017 IL App (2d) 160359 of…”
The Bank of New York v. Langman, 2013 IL App (2d) 120609 (Ill. App. Ct. 2013). “148 ; see also 735 ILCS 5/2-1901 (West 2010) (every such person acquiring an interest or lien on property, not in possession of property and whose interest or lien is not shown of record at time of filing such notice, shall, for purposes of this section, be deemed a subsequent…”
Lake Cnty. Grading Co., LLC v. Forever Constr., Inc., 2017 IL App (2d) 160359 (Ill. App. Ct. 2017). “Under the lis pendens doctrine, codified in section 2-1901 of the Code of Civil Procedure (Code) (735 ILCS 5/2-1901 (West 2012)), one who obtains an interest in property during the pendency of a suit affecting it, and who has constructive notice of the suit, is bound by the…”
Reinbold ex rel. Est. of Thorpe v. Thorpe (In re Thorpe), 546 B.R. 172 (Bankr. C.D. Ill. 2016). “Rejecting third-party creditor arguments that a divorce action does not directly involve real estate and so should not be subject to the lis pendens doctrine, Illinois courts have held that a dissolution of marriage proceeding is an action seeking equitable relief, affecting or…”
Seleman v. Manassa, 479 F. Supp. 2d 805 (N.D. Ill. 2007). “735 ILCS 5/2-1901; City of Chicago v. Ramirez, 366 Ill.”
In the Matter Of: Lewis C. Leonard Debtor. Appeal Of: Robert Barker & Theodore Lieblich, 125 F.3d 543 (7th Cir. 1997). “But the Illinois lis pendens statute does not give the filer a lien, see 735 ILCS 5/2-1901, for filing requires neither the title holder’s consent nor judicial intervention.”
Davis v. Elite Mortg. Servs., Inc., 592 F. Supp. 2d 1052 (N.D. Ill. 2009). “Finally, NovaStar argues that plaintiff should have filed a lis pendens, pursuant to 735 ILCS 5/2-1901, instead of the Notice if he wanted to notify the world *1058 of his claim to the property.”
In re Est. of Denten, 2012 IL App (2d) 110814 (Ill. App. Ct. 2012). “Specifically, the Guardians claim: (1) the attachment is subject to prior allowances by the probate court against the estate assets; (2) the Bank is bound by the determination of the probate court as to any proceeds from the sale of the Everett property, under section 2-1901 of…”
Kurtz v. Hubbard, 2012 IL App (1st) 111360 (Ill. App. Ct. 2012). “735 ILCS 5/2-1901 (West 2010). In contrast, the lien in the instant case existed separately from the litigation.”
Willie Pearl Burrell Trust v. City of Kankakee, 2016 IL App (3d) 150398 (Ill. App. Ct. 2016). “Defendant provided notice to the public and recorded a lis pendens notice, pursuant to section 2-1901 of the Code of Civil Procedure (Code) (735 ILCS 5/2-1901 (West 2006)). The trial court granted defendant’s petition in October 2006 by default.”
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