Roughly, without studying the statutes, a notice of lis pendens does not get filed in the courthouse, it gets filed with property records in the County recorder [assessor's] office. Roughly, the legal latin term, "lis pendens," means litigation pending.
If you buy land where a lis pendens is filed of record in front of - earlier in time to - your deed or sheriff's certificate or other record of an interest, the effect is you are taking subject to notice of another claim or right, and subject to the risk of outcome of the litigation - which can be guessed at but gusses are wrong at roulette or other forms of gambling - the odds are likelihoods not certainties.
The indication to me is if the recording was July 2, and the sale set for Monday, July 9, with delay in the recorder's office and you being the foreclosing bank, you update the title company's abstract of title before going to the courthouse, with the holiday a possible factor, and discover and decide on short official notice whether to go through with a foreclosure sale or postpone it.
That explains why runaway bride is probably the wrong analogy; and runaway groom is better - no buyer likely to step up, or if a friendly sale with/without side agreements and conditions precedent or subsequent - a deal was in place, the lis pendens would have caused the "groom" to reconsider the marriage.
So the press reports that the litigation quelled the sale likely are correct.
The council may have decided last month to authorize litigation; but the actual paper notice at the recorder's office was close in time to the postponement.
All of that is a preamble to saying that the City Clerk and staff have made public data available on a prompt schedule - I need to read it and think before any opinion formation - but the time gap Minnwest allowed itself is in line with its taking time to have its counterpapers put into the litigation. Were there counterpapers now, I presume I would have gotten copies. There is some slack in the machine. Briggs & Morgan represents the City; and was outside counsel in the City's Town Center bargaining of its position.
My bet, even odds, there will not be a foreclosure sale in the month of July. Beyond that, some man or woman in a robe with a hammer may decide something - or not.
I wonder what the details in pleadings are - and will read and find out.
Opinions of law and about the outcome of legal disputes can differ prior to rulings or while appeal is pending. Sometimes opinions differ over a wide spectrum, and if all of that were slam-dunk certain without room for opposing opinions then there would be no need for courts or judges. We wait. We see. Once there is a district court resolution there is no "final judgment" until the last avenues of appeal have been exhausted, or the time for exhaustion has come and gone without further contest.
