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Is it legal to record a post foreclosure lis pendens by the foreclosed party. What if there is no pending lawsuit?
Wiki User
∙ 14y ago
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.
Wiki User
∙ 14y ago
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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.
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.
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.
Legal Expression from Latin meaning Pending?
in fieri Also: Pendens or Lis Pendens (Suit Pending)
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.
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.
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.
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.
Can you put a lien on a house if you haven't yet won in court?
You cannot place a lien until you have prevailed in your lawsuit. However, you can record a notice of the pending lawsuit called a Lis Pendens. Your attorney can explain that process in your jurisdiction.
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.
How do you find out if the house you're buying on contract is being foreclosed when the owner won't tell you?
Have your attorney arrange to have the title examined. Your attorney can contact the current mortgagee to determine if there is a pending foreclosure action.Have your attorney arrange to have the title examined. Your attorney can contact the current mortgagee to determine if there is a pending foreclosure action.Have your attorney arrange to have the title examined. Your attorney can contact the current mortgagee to determine if there is a pending foreclosure action.Have your attorney arrange to have the title examined. Your attorney can contact the current mortgagee to determine if there is a pending foreclosure action.
Why is a foreclosed mobile home still on the property?
There are many reasons why a foreclosed mobile home might not be immediately removed from its location. Often this is pending a resale. If you do not want a home to remain on your property after losing it to foreclosure, you will have to legally notify the repossessing owner to remove it.
