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Minnesota · TitleMinnesota lis pendens: recording, the 90-day service rule and the two-year discharge

In any Minnesota action in which title to, an interest in or a lien on real property is involved or brought in question, any party may, when filing the complaint or later while the action is pending, record with the county recorder of each county where the land lies a notice of the pendency of the action, giving the parties, the object of the action and a description of the property. Only from the time the notice is filed does the pending action give notice of the filer's rights to purchasers and encumbrancers. A notice filed with the complaint before the action is commenced has no effect against the property unless the summons is served within 90 days after the complaint is filed. The notice is recorded like a mortgage and can be discharged by a writing executed and acknowledged like a conveyance. Anyone claiming an interest in the property can ask the district court to discharge it if the action hasn't been brought to trial within two years after the notice was filed; once a certified copy of the discharge order is filed with the county recorder, the lis pendens is void (Minn. Stat. §557.02).

What the statute sets

  1. Who and when (§557.02)

    Any party, with the complaint or while the action is pending, with the county recorder.

  2. Effect (§557.02)

    Notice to purchasers and encumbrancers only from the filing.

  3. 90 days (§557.02)

    A pre-suit notice fails unless the summons is served within 90 days.

  4. Discharge (§557.02)

    Acknowledged writing, or a court order if not tried within two years.

What the TC does with a Minnesota lis pendens

  • Search the county records for a recorded notice of lis pendens before closing.
  • If one is recorded, ask the title company what it needs – a recorded discharge or a court order – to insure.
  • Calendar any statutory deadline that can make the notice void.

Questions about Minnesota lis pendens

When does a Minnesota lis pendens bind a buyer?

From the time it is filed with the county recorder, and from that time only (Minn. Stat. §557.02).

How is a stale Minnesota lis pendens removed?

Anyone claiming an interest can ask the district court to discharge it if the action hasn't been tried within two years after filing; recording a certified copy of the order makes it void (Minn. Stat. §557.02).

Track a lis pendens and its discharge as title tasks in ClosingCode.

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Source: Minn. Stat. §557.02 (revisor.mn.gov), read October 30, 2026.

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.