IN THE CHANCERY COURT OF HAMILTON COUNTY, TENNESSEE _______________________________________________ _______________________________________________ vs. _______________________________________________ _______________________________________________ * * * * * * * * * * N0.______________ PART________ ABSTRACT OF LIEN LIS PENDENS KNOW ALL PERSONS BY THESE PRESENTS, that pursuant to T.C.A. § 20-3-101(a), I hereby certify that on the ____ day of ______________, 20___, this action was commenced in this court and remains on file and of record in my office and that according to such record: 1. The names of the parties to this action are: 2. A description of the real estate affected is: 3. The owner(s) of the real estate affected is/are: 4. The nature and amount of the lien sought to be fixed is: 5. That a restraining order affecting said property has has not been issued. If issued, information relevant to the restraining order and the duration thereof, pursuant to T.C.A. § 20-3-105, is: NOTICE IS HEREBY GIVEN to bona fide purchasers and encumbrancers for value of the aforesaid property, or any interest therein, that upon registration of this abstract with the Hamilton County Register’s Office, ____________________________________________[Party] has a lien lis pendens upon said property, as provided in T.C.A. § 20-3-101 or T.C.A. § 26-4-104. This ____ day of ____________, 20___. ______________________________ S. LEE AKERS, CLERK & MASTER STATE OF TENNESSEE ) COUNTY OF HAMILTON ) Before me, ___(Notary’s name)__, a Notary Public in and for the aforesaid state and county, personally appeared S. LEE AKERS, CLERK & MASTER, CHANCERY COURT OF TENNESSEE, ELEVENTH JUDICIAL DISTRICT OF TENNESSEE at Chattanooga, Hamilton County, Tennessee, with whom and whose official position I am personally acquainted, and who acknowledged the execution of the foregoing document on the day it bears date and for the purposes therein expressed. WITNESS my hand and seal, this . My commission expires: ______________ _____________________________________ NOTARY PUBLIC UPON THE FILING OF THIS ABSTRACT OF LIS PENDENS WITH THE HAMILTON COUNTY REGISTER’S OFFICE, THE REGISTER SHALL RETURN THE ORIGINAL OF THIS DOCUMENT CONTAINING THE BOOK AND PAGE NUMBER TO THE CLERK & MASTER FOR FILING. [Form 001, Rev. 2004.06.08] 1 American LegalNet, Inc. www.USCourtForms.com LIEN LIS PENDENS T.C.A. § 20-3-101 — § 20-3-105 NB: under T.C.A. § 20-3-101(a), the lien lis pendens can only be applied against real estate situated in the county of suit. Such actions are in rem and must be filed in the county where the land is located. Title to real estate in Hamilton County is not affected as to third parties unless they have actual notice. For an ABSTRACT OF LIEN LIS PENDENS to be filed in the Hamilton County Register’s Office, the Abstract of Lien Lis Pendens must come from a Hamilton County Court on a Hamilton County action. A lien lis pendens can be in furtherance of: the setting aside of a fraudulent conveyance of subjection of property under return of nulla bona tracing a trust fund enforcing an equitable vendor’s lien or otherwise [T.C.A. § 20-3-101.] Also, a creditor has a lien lis pendens upon property of a defendant. [T.C.A. § 26-4-104.] The complaint or petition is not required to use the magic words lien lis pendens in order for the lien to attach. The lis pendens rule is based on necessity and notice. Necessity because if it did not exist, litigation could be indefinitely prolonged in consequence of successive alienations of the property in dispute. Notice because the court records are notice to the world. §75, Gibson’s Suits In Chancery, 5th Ed. Therefore, if the defendant is placed on notice in the complaint or petition such that he knows what property the plaintiff claims against, the lien is automatically in existence without the use of the mere words lis pendens; or even the filing of an abstract of lien lis pendens in the Register’s Office; however, our legislature saw fit to require the registration in the county register’s office of an abstract of lien lis pendens in order to protect against bona fide purchasers and bona fide encumbrancers for value. T.C.A. § 20-3-101; Cannon Mills, Inc. v. Spivey, 208 Tenn. 419, 346 S.W.2d 266 (1961). There are also liens on land requiring abstracts under T.C.A. § 25-5-101, et seq., dealing with liens of judgment. T.C.A. § 25-5-101 provides for certified copy of a judgment to be filed in the register’s office where the land is located. T.C.A. § 25-5-107 provides that when the land is in a county other than the one where i) the judgment was rendered, ii) the judicial attachment, or iii) a lis pendens is filed, that an abstract be filed in the county where the land is situated. T.C.A. § 25-5-108 defines the contents of the required abstract: T.C.A. § 25-5-108(c) Abstract of the attachment or execution: 1) the names of the parties 2) the name of the court issuing the attachment 3) the case number 4) the date of issue 5) the date of levy of the attachment 6) a description of the property to fix the lien upon 7) the name(s) of all parties named as owners or interested in the property levied upon T.C.A. § 25-5-108(a). Abstract of the judgment or decree requires: 1) the names of the parties 2) the name of the court 3) the case number 4) the amount of the judgment 5) the date of the judgment 6) the names of all parties against whom the judgment is taken T.C.A. § 25-5-108(b). Abstract of the complaint, attachment, lis pendens requires: 1) the names of the parties 2) the name of the court 3) the case number 4) the date of the commencement of the action 5) the date of levy of the attachment 6) a description of the property to fix the lien upon [Form 001, Rev. 2004.06.08] 2 American LegalNet, Inc. www.USCourtForms.com