When judgment is rendered in the action or proceeding against the party who filed the notice of the pendency thereof, the judgment shall order the cancellation of the notice at the expense of the party who filed it, and as part of the costs of the action or proceeding. Nevertheless, the notice of pendency filed in connection with the proceeding which gave rise to the judgment shall be canceled at the request of any interested party if the judgment has been canceled or if the action or proceeding has been dismissed.
Art. 3753.Cancellation of Notice of Pendency
Book VII. Special Proceedings · Title II. Real Actions · Chapter 4. Notice of Pendency of Action · Enacted 1999 · no amendments on record · Last verified July 30, 2026
In one sentenceArticle 3753 requires a judgment against the party who filed a notice of pendency to order its cancellation at that party's expense as part of the costs, and lets any interested person obtain cancellation on request once the underlying judgment or action has itself been canceled or dismissed.
Full Text of Art. 3753
Amendment History
Acts 1999, No. 870, §1.
Plain-English Summary
A recorded notice of pendency clouds the public record for as long as it stays there, so Louisiana law makes sure it does not outlive its purpose. Article 3753 addresses what happens to that recorded notice once the lawsuit it announced comes to an end against the party who filed it.
If judgment is rendered against the party who filed the notice, that judgment itself has to order the notice canceled. The cost of the cancellation falls on the party who filed the notice and loses the case, folded into the costs of the action rather than left as a separate expense.
Article 3753 also covers situations where cancellation should happen even without that specific judgment language — if the underlying judgment has already been canceled, or if the action or proceeding that gave rise to the notice has been dismissed, any interested party can request cancellation of the notice, and it has to be granted. Between these two paths, a notice of pendency should never remain on the public record once the case behind it is truly over.
Frequently Asked Questions
What happens to a recorded notice of pendency if the filing party loses the case?
The judgment against that party has to order the notice canceled, with the cost of cancellation charged to the party who filed it, as part of the costs of the action.
Can someone else request cancellation of a notice of pendency?
Yes. Article 3753 lets any interested party request cancellation once the underlying judgment has been canceled or the action or proceeding has been dismissed.
Who pays for canceling a notice of pendency?
The party who filed it, when cancellation follows a judgment against that party. Article 3753 makes that expense part of the costs of the action.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
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