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A lender has the title to the property examined for any encumbrances prior to the closing. Any liens or other encumbrances such as a lis pendens will be reported and will need to be resolved prior to or paid at the time of the closing.

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16y 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.


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Can a builder legally require you to use their lender for financing when purchasing a home?

Yes, a builder can legally require you to use their lender for financing when purchasing a home, as long as it is disclosed upfront and does not violate any laws or regulations.


When purchasing a home the lender is usually a what?

When purchasing a home, the lender is usually a financial institution, such as a bank or credit union, that provides the mortgage loan to the borrower. They assess the borrower's creditworthiness and financial situation to determine loan eligibility and terms. Additionally, lenders play a crucial role in the home-buying process by facilitating the loan application, underwriting, and closing procedures.


How long does it take to go into foreclosure after lis penden in Florida?

In Florida, the foreclosure process can begin after a lender files a lis pendens, which is a notice of pending legal action. Typically, it can take anywhere from a few months to over a year for a foreclosure to be completed, depending on various factors such as court schedules, whether the borrower contests the foreclosure, and any potential delays. Once the lis pendens is filed, the borrower usually has a grace period to address the default before the foreclosure process accelerates. However, the exact timeline can vary significantly based on individual circumstances.


Can land be used as a down payment when purchasing a home?

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How quickly can you refinance a house after purchasing it?

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Where do you purchase title insurance?

When purchasing or refinancing a home, you will have settlement conducted by a Title Company, the title company is also the licensed title insurance provider. Up to two policies will be issued. Maryland Specific: If you are purchasing a property and taking out a loan, the lender will require a Lenders Title Insurance Policy. And you will have the option of purchasing an owners title insurance policy for your protection. If you are refinancing your current home then the lender will only require the lender's policy. In both instances the title insurance policies will be issued at the time of closing.


When you receive notice of lis pendens how much time do you have before it goes up for auction?

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.