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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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No. So long as the action to which the lis pendens was concerning is still active, the lis pendens itself will remain active.
No, a lis pendens does not stop or prevent foreclosure at all. A lis pendens is a notice that the lender's attorneys may file in the land records to indicate that …a particular property is in the process of a pending litigation. Various types of notice are filed in different jurisdictions to indicate a pending foreclosure. The term lis pendens is Latin for "lawsuit pending". The purpose of the notice is to show anyone researching the real estate that there is a pending lawsuit, any lawsuit that affects the property. The only legal mechanism that would prevent foreclosure is filing bankruptcy and this only puts the process on hold while the creditor and debtor are coming to an agreement to negotiate a settlement of the debt.
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.
A lis pendens is a notice that states to the public that any persons whomsoever acquiring any interest in the property at issue (that the lis pendens was filed against) …will take subject to the rights of the Plaintiff (the lender, in a mortgage/deed of trust foreclosure). In order to sell your property at public auction (Sheriff's sale), the Plaintiff/Lender must first obtain a judgment against you. This may happen in either of two basic ways. One--you did not file a notice of appearance and answer to the complaint for forclosure, so a default judgment was entered, or two--the lender obtained a judgment against you after a trial (or motion for summary judgment, in some cases.) After receiving a judgment, it will take 2-6 months until the sheriff's sale (this varies from jurisdiction to jurisdiction.) After the sale, there may be a "redemption period" where you can regain the property by paying the highest bid plus interest. This is a very complicated subject, though. If you are facing foreclosure, or have received a lis pendens, you should see an attorney IMMEDIATELY! Many attorneys will give "free consultations"--take advantage of this. Friendly note: The info I have provided pertains to the State of Washington, but may be helpful in other jurisdictions also.
No. In order to file a lis pendens, the action must have been initiated and must be pending. However, depending on the type of case, you may be able to file a lien to pr…otect your interest. I would see a real estate lawyer (if you are not already working with one)--real estate law issues can get very complicated.
Preface: The words "lis pendens" are Latin for "lawsuit pending." Lis pendens are filed in actions which affect title to real estate, including foreclosures, boundary li…ne disputes, estates (sometimes), injunctions (sometimes), and other like cases. A lis pendens is filed in the official property records and warns anyone whom it may concern that all persons whomsoever acquiring any interest in the real estate at issue in the lawsuit will take subject to the rights of the Plaintiff in that action. Answer: While anyone can file a lis pendens, the only lis pendens that are valid are those filed out of real estate-related actions, such as the ones I have mentioned. Even these may be vacated (removed) by the court, but the Defendant usually is required to post a surety bond unless the lawsuit was dismissed or a judgment in favor of the Defendant entered.
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.
You would need to respond to the underlying complaint. A lis pendens alone is worthless--the purpose of it is to notify the public of pending litigation that affects rea…l estate. See the below link to a civil answer form and contact an attorney ASAP to discuss your legal options.
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.
How could anyone here POSSIBLY answer this question? ASK THE PLAINTIFF!
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.
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!!!!!
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.
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.
"Alibi" means here foreign. So "lis alibi pendens" tells us that there is the same action in the foreign court, while "lis pendens" may stand for the same action in the nation…al court.
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.
this means that without prejudice means can be brought up later