In Massachusetts, there are at least three legal means for obtaining prejudgment security in the form of an attachment or freeze on real estate or, in some cases, other things of value (e.g., accounts, cash, equipment): 1) lis pendens, 2) prejudgment attachment, and 3) preliminary injunction.

1. Lis Pendens

Lis Pendens, Latin for "suit pending," is a court-issued legal notice recorded in relation to the title or ownership of a particular piece of real estate. This notice serves as a public declaration that a lawsuit is pending concerning the property, effectively freezing any transactions involving it. Upon request, a court may issue a lis pendens in disputes over property ownership, claims of adverse possession, or issues related to easements and encumbrances. When recorded at the registry of deeds, a lis pendens typically halts any sales or financing of the property until the dispute is resolved.

A lis pendens is encountered when there is litigation over the ownership of real estate. For instance, if there is a breach of contract in a real estate sale, or if someone claims an ownership interest in the property due to adverse possession, a lis pendens would be appropriate. This notice alerts potential buyers or financiers that there is an unresolved litigation regarding the property, thereby protecting the interests of the party who filed the lawsuit.

2. Prejudgment Real Estate Attachments

If a plaintiff demonstrates a substantial likelihood of success in his/her lawsuit against a defendant, then the plaintiff may be able to obtain security in the form of a prejudgment attachment against real estate or other assets belonging to the defendant. This legal mechanism allows a plaintiff to secure an interest in the defendant's property before the conclusion of the lawsuit. The primary purpose of a prejudgment attachment is to ensure that the property remains available to satisfy a potential judgment.

Prejudgment attachments are particularly useful in cases where there is a risk that the property owner might try to dispose of the property or otherwise make it unavailable to satisfy the claim. By obtaining a prejudgment attachment, a plaintiff may ensure that the property cannot be sold or refinanced until his/her claim is resolved.

3. Preliminary Injunction

If a plaintiff demonstrates not only a substantial likelihood of success in his/her lawsuit but also a risk of irreparable harm that outweighs any potential for unwarranted harm to the defendant, then the plaintiff may be able to obtain a preliminary injunction prohibiting the defendant from disposing of property or taking other potentially harmful actions until the claim against the defendant is resolved.  This legal mechanism allows a plaintiff to maintain the status quo until the conclusion of the lawsuit.  The primary purpose of a preliminary injunction is to prevent the defendant from mooting the purpose of the suit. 

Steps to Take

1. Consult Legal Counsel : Navigating the intricacies of lis pendens, prejudgment attachments, and preliminary injunctions requires expert legal advice. Consulting with experienced attorneys, such as those at Denn Law Group, ensures that the process is handled correctly and efficiently.
2. File the Necessary Documents : To initiate a lis pendens, prejudgment attachment, or preliminary injunction specific legal documents must be filed with and approved by the appropriate courts.
3. Protect Your Interests : These legal tools are essential for protecting your interests in real estate and other disputes. They prevent the real property, personal property, and other assets from being sold or further encumbered, ensuring that your claim can be satisfied if you win the lawsuit.

Contact Our Firm



If you find yourself involved in a real estate, business, contract, or other dispute, understanding your legal options is crucial. Whether you need to file a lis pendens to alert others of your claim or seek a prejudgment attachment or preliminary injunction to secure your interest, the attorneys at Denn Law Group are here to help. Contact us today to ensure your rights and interests are fully protected.