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How do you i know if there is a pending lawsuit on the lis pendens against my property in Oklahoma?
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What does it mean when the county records assignment to a property under lis pendens?
A lis pendens means that there is a lawsuit pending against the owners of the property, and that the outcome of that lawsuit may affect title to the property. Anyone who buys a property subject to a lis pendens risks losing all or part of the property, depending on the outcome of the lawsuit.
How long will a foreclosure take after lis pendens?
A lis pendens will remain against the property which it was filed against until the lawsuit which the lis pendens warned of has concluded. At that time, the lis pendens will no longer encumber the property.
Is it legal to record a post foreclosure lis pendens by the foreclosed party. What if there is no pending lawsuit?
Since the purpose of a lis pendens is to alert future purchasers and/or mortgagees of a property about a lawsuit affecting the property, it cannot be filed in cases where there is no lawsuit. A lis pendens recorded with no reference to a pending lawsuit has no legal impact on the property and can be ignored.
Is it legal to transfer property to a land trust if there has been a lis pendens filed against said property?
Sure. But read on. The purpose of a lis pendens is to notify anyone whom it may concern that an action is pending which will affect title to a certain property, and anyone with any interest in that property will take subject to the rights of the plaintiff in that action. While you can transfer title to your property to a trust, the trust will take subject to the rights of the plaintiff in the lawsuit which the lis pendens is filed for, just as if the trust was a named party to the lawsuit. For example, if the lis pendens warns of a lawsuit for foreclosure, and the plaintiff wins the lawsuit, the trust, as new owner of the property, must pay the foreclosure judgment or lose the property. Also, the lis pendens will show up as an exception on any title policy issued for the subject property. Upon dismissal of the lawsuit in question, the lis pendens is automatically moot. Note: If your property is faced with a lis pendens, I would strongly recommend consulting with a real estate attorney immediately. Luckily, some attorneys give "free consultations"--see the phonebook.
Where should you file a lis pendens?
The lis pendens is filed in the same court where the underlying lawsuit is filed. Once filed at the court, a certified copy of the lis pendens can be recorded in the county where the property at issue is located.
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.
What is a Liz pendance?
The term "lis pendens" is Latin for "suit pending." A lispendens is filed against a real property to indicate that the title of property is in question, or that some sort of lawsuit involving the property could occur in the near future.
In Brevard County FL if a lis pendens was filed on your property in 2003 and 2004 has the statute of limitations ran out?
**Preface: I am speaking from WA law. A lis pendens is a document which notifies the public that any persons acquiring any interest in the real property at issue in a particular lawsuit will take subject to the rights of the plaintiff in that lawsuit. I believe this nationwide generality will render me able to answer this question.** Since a lis pendens warns the public of pending litigation, when the litigation to which the lis pendens warned of has concluded, the lis pendens is automatically moot and void, absent a court order to the contrary. If the lawsuit is still active, then the lis pendens is, too.
Is a lis pendens on a condominium only good for a year?
The duration of a lis pendens, which is a notice of pending lawsuit related to a property, can vary depending on the jurisdiction. In some places, it may expire after a specific period if the lawsuit is not resolved. It's important to consult with a real estate attorney or conduct research to understand the rules and timelines specific to your location.
How much time in California does a Defendant in a Lis Pendens action have to respond?
A lis pendens is not a legal action. It only warns anyone who it may concern that a lawsuit is pending, and the outcome of that lawsuit will affect title to a certain piece of real property. Therefore, you have as much time to respond to the lawsuit as the court rules allow. This time is listed on the summons which came with the lis pendens. If a summons and complaint did not come with your lis pendens, contact the clerk of your local court and/or an attorney.
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 the statute of limitations on a lis pendens in the State of Wisconsin?
The purpose of a lis pendens is to warn the public of pending litigation which affects real property. As such, the statute of limitations pertains only to the lawsuit that the lis pendens was warning of. If there is no lawsuit to correspond with the lis pendens, then it is not valid. See a real estate attorney in your area if you have any concerns, as he or she can provide legal advise for your specific situation and state's laws.
