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Preface: The words "lis pendens" are Latin for "lawsuit pending." Lis pendens are filed in actions which affect title to real estate, including foreclosures, boundary line disputes, estates (sometimes), injunctions (sometimes), and other like cases. A lis pendens is filed in the official property records and warns anyone whom it may concern that all persons whomsoever acquiring any interest in the real estate at issue in the lawsuit will take subject to the rights of the Plaintiff in that action. Answer: While anyone can file a lis pendens, the only lis pendens that are valid are those filed out of real estate-related actions, such as the ones I have mentioned. Even these may be vacated (removed) by the court, but the Defendant usually is required to post a surety bond unless the lawsuit was dismissed or a judgment in favor of the Defendant entered.
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∙ 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.
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.
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 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.
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.
Should you file a Quiet Title Action or a Lis Pendens?
Those are not either/or legal terms. A lis pendens is a notice to the world that a lawsuit is pending, such as a quiet title action, that affects the title to real estate. You file the quiet title action and record a lis pendens in the land records to let any future buyers know that you have a claim against the real estate. The practices vary in different states so you should consult with an attorney in your state.
What does a lis pendens court order pleading say in words allowing a lis pendens to be recorded in the recorders office?
What does a lis pendens court order pleading say in words allowing a lis pendens to be recorded in the recorders office?
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.
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.
Can a notice of lis pendens be filed prior to the actual lawsuit?
No. In order to file a lis pendens, the action must have been initiated and must be pending. However, depending on the type of case, you may be able to file a lien to protect your interest. I would see a real estate lawyer (if you are not already working with one)--real estate law issues can get very complicated.
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.
