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When you receive notice of lis pendens how much time do you have before it goes up for auction?
Wiki User
∙ 15y ago
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.
Wiki User
∙ 15y ago
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Can you file a lis pendis if your mortgage company is refusing to help you keep your home?
A lis pendens is notice that a legal action has been filed in court especially one that affects the title to real property.You cannot file a lis pendens for the reason you stated.A lis pendens is notice that a legal action has been filed in court especially one that affects the title to real property.You cannot file a lis pendens for the reason you stated.A lis pendens is notice that a legal action has been filed in court especially one that affects the title to real property.You cannot file a lis pendens for the reason you stated.A lis pendens is notice that a legal action has been filed in court especially one that affects the title to real property.You cannot file a lis pendens for the reason you stated.
Can a lis pendens prevent a buyer of a property to enter the premises?
That depends on the underlying action. The lis pendens is a notice of a lawsuit that affects the land. You should check the court listed in the lis pendens and review the file.
How long does it take for your car to be auctioned after repossession?
depends you should receive a notice in the mail from the lender as to the auction date and place.
What does a voluntary dismissal without prejudice 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.
What right does a potential buyer have to put a Lis Pendens on a property?
A lis pendens is a legal notice there is a court case pending that may affect the title to the real estate. You will need to check the information on the lis pendens to determine which court is handling the case. You can go to that court and read the file.
Who is the grantor in a lis pendens?
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 property. 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.
What is lis pendens?
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.
What is a pendens?
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.
Is a lis pendens on a condominium only good for a year?
The purpose of a lis pendens is to provide notice to those checking the title of real property that there is a pending lawsuit concerning the property. The duration of the lis pendens is usually until the suit is resolved, whereupon the person filing it (usually the plaintiff in the lawsuit) withdraws it. The duration of the lis pendens may be different as provided by state law, but this is the general rule.
What is a notice filed or recorded for the purpose of all persons that title or right to the possessions of certain property is in litigation?
lis pendens
What is the difference between preclosure and foreclosure?
Be aware that a pre-foreclosure property is not necessarily for sale. The pre-foreclosure stage is the period between the time in which a Notice of Default (in non-judicial foreclosure) or lis pendens (in judicial foreclosure) has been issued to the homeowner and after the property is sold at a foreclosure auction.
Does a lis pendens prevent foreclosure?
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.
