A lis pendens is a document that clouds title to real property and provides notice to potential purchasers and encumbrancers that title to the real property is the subject of pending litigation. Washington law only authorizes a party to record a lis pendens in “an action affecting title to real property.” RCW 4.28.320. What constitutes “an action affecting title to real property” is a question that parties often argue over in lawsuits that involve real property. A new decision from Division II of the Washington Court of Appeals, Parman v. Estate of Parman, No. 60735-2-II (Ct. App. July 14, 2026) (“Parman II”), may significantly expand the right of a party to record a lis pendens.
Prior to Division II’s recent opinion in Parman II, Washington courts have attempted to place boundaries on what is, and what is not, “an action affecting title to real property.” Case law dating back decades stands for the proposition that an action seeking monetary damages does not support a lis pendens. Se
