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Is it legal to transfer property to a land trust if there has been a lis pendens filed against said property?
Wiki User
∙ 15y ago
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.
Wiki User
∙ 15y ago
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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.
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.
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.
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.
Should I retain a lawyer if I have a lis pendens pending against mine property?
"A person who acts as his own attorney has a fool for a client." This is an old saying. A notice of lis pendens means that somebody has filed, or is about to file, a lawsuit that will affect your property, and unless you want to defend yourself, yes you should. Now it is always "possible" that the notice was filed erroneously, meaning it was supposed to be against some other property but by some kind of mistake was filed against yours -- you could take the risk but if you think there's something to the matter again, yes you should. If it was a total mistake and you are absolutely sure (are you?), you might contact the people who filed it and suggest it was a mistake, but if you get served with a lawsuit....what then?
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
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.
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.
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 release of 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 does discharge of lis pendens mean?
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 defendant 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.
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.
