Which provisional remedy provides notice of a potential lien on real property?

Which provisional remedy provides notice of a potential lien on real property?

• A. Attachment
• B. Notice of pendency
• C. Preliminary injunction
• D. Temporary receivership

Answer: (B)

The key idea is that a notice of pendency creates a public alert that litigation is pending affecting real property. By filing this notice in the land records, anyone who might deal with the property—buyers, lenders, or others—knows there is a suit that could affect ownership or title. It protects the plaintiff’s interest by signaling that a claim on the property may arise and can influence priority if the plaintiff later obtains a judgment or lien tied to that property. Attachment actually seizes or freezes specific property to secure a potential judgment and isn’t about giving public notice of litigation. A preliminary injunction is a court order to prevent harm or preserve the status quo during litigation, not a notice mechanism. Temporary receivership places a person in charge of managing property, which again isn’t about notifying third parties of a pending lien. Hence, the notice of pendency best fits the function of providing notice of a potential lien on real property.

The key idea is that a notice of pendency creates a public alert that litigation is pending affecting real property. By filing this notice in the land records, anyone who might deal with the property—buyers, lenders, or others—knows there is a suit that could affect ownership or title. It protects the plaintiff’s interest by signaling that a claim on the property may arise and can influence priority if the plaintiff later obtains a judgment or lien tied to that property.

Attachment actually seizes or freezes specific property to secure a potential judgment and isn’t about giving public notice of litigation. A preliminary injunction is a court order to prevent harm or preserve the status quo during litigation, not a notice mechanism. Temporary receivership places a person in charge of managing property, which again isn’t about notifying third parties of a pending lien. Hence, the notice of pendency best fits the function of providing notice of a potential lien on real property.