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What is notice of voluntary dismissal of complaint and lis pendens?
It is a notice that the complaint has been dismissed at the request of the plaintiff, and the notice of lis pendens, which is a notice filed in the place where deeds are recorded showing that the property may be seized to pay the debt, is also null and void. If the plaintiff has not recorded the order of dismissal, the owner of the property should file it where the deed and lis pendens was recorded.
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I can translate it - but since it's YOUR case - hopefully YOU will know what it refers to: "Notice of Voluntary Dismissal as regards to Count II - Re-establishment of lo…st note." You are notified that (someone - perhaps the court perhaps the other side) voluntarily (by their own actions) dismissed Count II of whatever case is being referred to which is the re-establishment of the lost note. That's the best I can do. You can always contact the Clerk Of Court's office to find out exactly what is contained in the court jacket.
The lis pendens is usually filed at the beginning of the foreclosure lawsuit. If you don't answer the foreclosure complaint, a default judgment will be entered against y…ou, and foreclosure will take place in about 90 days. If you answer the lawsuit, the foreclosure can take a year or more to occur.
The lis pendens should be drafted by the attorney who is representing you in your lawsuit against the property owner to make certain it is done properly.
Lis pendens is considered a singular and plural version of the word. You would NOT spell it "lis pendenses" as the plural. You simply use the same word as singular and plural.…
Since it is voluntary, it would seem to indicate that the prosecutor requested that the court dismiss the charge, subject to its being re-institued at some later time, rather …than by the prosecutor simply Nolle Prossing it. It is an order issued by a judge dismissing the charges that were brought in the case - usually for some legal insufficiency, or lack of evidence, of the case itself. There are two types of dismissal: Dismissal WITH Prejudice, and Dismissal WITHOUT Prejudice. WITHOUT Prejudice means that the charges MAY be re-instituted and brought before court again. In addition: In civil cases a party may take or request and get a voluntary dismissal of a claim (whether a plaintiff's complaint or a defendant's counterclaim, etc) if, for example, that party is not capable of proceeding with his/her case at that particular time. The claim may be reinstated or refiled at a later date, provided the statute of limitations governing that claim has not expired.
Answer Lis pendens is the Latin term meaning "suit pending." A lis pendens is a notice filed in the office of land records by the plaintiff that the ownership of …real property is the subject of a legal controversy. Anyone who purchases the property takes it subject to any claims asserted in the action. This notice secures a plaintiff's claim on the property so that the sale, mortgage, or encumbrance of the property will not diminish plaintiff's rights to the property, should plaintiff prevail in its case. For a discussion of lis pendens see the link provided below.
That means that a lawsuit is pending that affects title to the property you are buying. Depending on the result of the lawsuit, your rights in the property could be in j…eopardy. Talk with a real estate attorney before moving forward to the sale--under no circumstances should you proceed without an attorney's advise.
No one is a "grantor" in a lis pendens. A lis pendens is merely a notice put on public record that there is a lawsuit pending that affects the title to a certain piece of prop…erty. A deed has a "grantor" because a deed is a document by which an owner of property (the Grantor) grants, i. e. transfers or conveys, title to the property to another person (the Grantee). A lis pendens has no grantor because a lis pendens does not grant, transfer or convey title from one person to another.
_________________________________________________________________________________________ IN THE SUPERIOR COURT OF THE STATE OF NEW YORKIN AND FOR THE COUNTY OF SUF…FOLK ASPEN SUMMIT LLC Plaintiff, v. MARK NOGID Defendant NOTICE IS HEREBY GIVEN that an action has been instituted and is now pending in the Superior Court of the State of NEW YORK in and for the County of Suffolk upon the complaint of ASPEN SUMMIT LLC, Plaintiff, against the above-named Defendant Marc Nogid, that the object of that action is to foreclose Plaintiff's assessment lien against Defendant's real property, which is described as followed: 14 Fairway Ct. Sag Harbor, New York. In the County of Suffolk. Any persons in any manner dealing with the above-described real estate subsequent to the filing of this action will take subject to the rights of the Plaintiff as established in this action. Dated: June, 15th 2009 Respectfully presented by: Smith, Buss & Jacobs Dom Tammaro Attorney for Plaintiff _______________________________________________________________________________________
A lis pendens is a written notice that a lawsuit has been filed involving the title to real estate, property or some interest in that real property. It is a notice to the defe…ndant who owns the property and also to potential buyers or financiers. A dismissal of this action would mean that it has been removed from the records and is no longer in effect.
You don't answer the lis pendens. You will answer the summons and complaint that the lis pendens is referencing. (Remember that the purpose of a lis pendens is to …notify anyone whom it may concern that a lawsuit is pending which affects title to real property.) I strongly recommend you consult with an real estate attorney if you have received a lis pendens or know that one is recorded against your property. Relevant links are below.
To save time you might want to find out who filed the lis pendens and figure out what it will take to settle their claim, in addition to all of the other customary things one …does in a purchase. Otherwise you go under contract and make sure a third party holds any earnest money and that the contract specifically requires the seller to clear this up before or at closing, if it makes sense economically. Use a lawyer to craft the contract!!!!!
In Property Law
It is a document that would release (undo) a previously recorded notice of lis pendens, and is in the nature of a release of lien. It is something the owner of the property ag…ainst which it is recorded should insist upon at the conclusion of the litigation, regardless of who wins, but once any judgment is satisfied. And it may be required by state law. This effectively releases the property from the "taint" of the litigation.
A lis pendens serves as a warning that a lawsuit which affects a certain parcel of real estate is pending in court. When the lawsuit that the lis pendens warns of is dis…missed, the lis pendens will no longer encumber the real estate.
this means that without prejudice means can be brought up later
That depends on your state law. When you go to sell or refinance it will still show up and you may encounter some problem- either a title insurance company will want a premium… to "insure over" it, or it could give your buyer the right to back out. Better deal with it now if possible; it's like a little time bomb that could go off and make problems for you. You should record a release in the land records.