NOTICE OF PENDENCY OF ACTION A. Upon the filing of a petition, the action is pending so as to charge third persons with notice of its pendency. While an action is pending, no third person shall acquire an interest in the subject matter of the suit as against the prevailing party's title; except that: 1. As to actions in either state or federal court involving real property, such notice shall be effective from and after the time that a notice of pendency of action, identifying the case and the court in which it is pending and giving the legal description of the land affected by the action, is filed of record in the office of the county clerk of the county wherein the land is situated; and 2. Notice of the pendency of an action shall have no effect unless service of process is made upon the defendant or service by publication is commenced within one hundred twenty (120) days after the filing of the petition. B. Except as to mechanics and materialman lien claimants, any interest in real property which is the subject matter of an action pending in any state or federal court, acquired or purported to be acquired subsequent to the filing of a notice of pendency of action as provided in subsection A of this section, or acquired or purported to be acquired prior to but filed or perfected after the filing of such notice of pendency of action, shall be void as against the prevailing party or parties to such action. C. No person purporting to acquire or perfect an interest in real property in contravention of this section need be given notice of a sale upon execution or of hearing upon confirmation thereof. Added by Laws 1985, c. 277, § 5, eff. Nov. 1, 1985. Amended by Laws 1987, c. 189, § 4, operative Nov. 1, 1987.
Notes of Decisions
Wells Fargo Credit Corp. v. Ziegler, 780 P.2d 703 (Okla. 1989).
· cites it 2× “Consequently, Wells Fargo filed a foreclosure action on April 9, 1987 and contemporaneously therewith filed a notice of pendency of action pursuant to 12 O.S.Supp.1986 § 2004.2. While the foreclosure suit was pending the Tulsa County Treasurer offered the property at resale…”
Cornett v. Carr, 2013 OK 30, 302 P.3d 769.
“12 O.S. § 2004.2 No *775 tice of pendency of action, provides in pertinent part: A.”
State v. Sittingdown, 2010 OK CR 22, 240 P.3d 714.
“12 O.S.2001, § 2004.2. The non-prevailing party is given notice of the entry of the judgment.”
Wells Fargo Credit Corp. v. Selby, 2001 OK CIV APP 78, 26 P.3d 774.
“[4] ¶ 8 The common law doctrine of lis pendens is codified at 12 O.S.1991 § 2004.2 and states in part: A.”
Breeding v. NJH Enter., LLC., 1997 OK 65, 940 P.2d 502.
· cites it 2× “¶3 The substance of the foregoing language remains in the current version of the lis pendens statute, 12 O.S.1991 § 2004.2. ¶4 On April 15, 1986, while the divorce case appeal was pending, Mr.”
Bank of Com. v. Breakers, L.L.C., 2011 OK CIV APP 45, 256 P.3d 1053.
“2(B): (A)uy interest in real property which is the subject matter of an action pending in any state or federal court, acquired or purported to be acquired subsequent to the filing of a notice of pendency of action as provided in subsection A of this section, or acquired or…”
Okla. Stat. tit. 12, § 2004.2(B): 1 case
Bank of Com. v. Breakers, L.L.C., 2011 OK CIV APP 45, 256 P.3d 1053.
“2(B): (A)uy interest in real property which is the subject matter of an action pending in any state or federal court, acquired or purported to be acquired subsequent to the filing of a notice of pendency of action as provided in subsection A of this section, or acquired or…”
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