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Yes, a defendant can file a request for dismissal of a lis pendens. This legal action is typically initiated through a motion to expunge or dismiss the lis pendens, arguing that the notice is improperly filed or that the underlying lawsuit lacks merit. If the court finds the lis pendens unjustified, it may grant the request and remove the notice, allowing the defendant to proceed without the encumbrance on their property.
What else can I help you with?
Change dismissal to with perdudice?
A Dismissal WITH PREJUDICE, means that the same charge cannot be re-filed by the prosecutor - altho the defendant may file a request for such a motion - it is strictly the judge's prerogative.
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.
What does order defendant leave to file petition - allowed?
An "order defendant leave to file petition - allowed" typically means that a court has granted permission for the defendant to submit a specific legal petition or document, which could relate to various matters such as motions for dismissal, appeals, or other procedural requests. This order indicates that the court has reviewed the request and found it appropriate to allow the defendant to proceed with filing the petition. It is an important step in the legal process, as it enables the defendant to formally present their case or argument to the court.
Who can file a notice of lis pendens?
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.
How to request a dismissal in court?
To request a dismissal in court, you typically need to file a motion with the court explaining the reasons why the case should be dismissed. This motion should be supported by legal arguments and evidence. The judge will then review the motion and make a decision on whether to grant the dismissal. It is important to follow the proper procedures and rules of the court when making this request.
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 does it mean to file a "Lizpandance" on the title of a house sorry not sure of spelling.?
"Lis Pendens" is an official notice of a legal suit on a particular property. It is supposed to notify all interested parties in the suit, not just the defendant.
What happens if the defendant does not provide responses to my discovery requests?
If the defendant does not provide responses to your discovery requests, you can file a motion to compel with the court. This motion asks the court to order the defendant to respond to your requests. Failure to comply with a court order to provide discovery can result in sanctions against the defendant, such as fines or dismissal of their case.
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.
In civil matters lawsuits when your are the Defendant is it wise to file a motion to strike the plaintiff's complaint and exhibit upon which it is based before an answer is filed?
My opinion is no. A defendant should file an answer and the motion to dismiss at the same time (if there are grounds to have the matter dismissed, of course). In fact this may even be required in most states. An Answer should be filed even if the reason for the dismissal is lack of jurisdiction over the defendant or subject matter. Sometimes, a defendant who files an Answer is held to have waived any claim of lack of personal jurisdiction. By filing the Answer he/she has just submitted to the jurisdiction of the court. But every Answer can provide that the defendant objects to personal jurisdiction as well as to the merits of the claim and retains the right to request dismissal at a later time. This ensures that the filing of the Answer does not waive the right to object to personal jurisdiction. The motion to dismiss may be filed later. personal jurisdictions ?
How do you file a wrongful dismissal suit in Alberta?
To file a wrongful dismissal suit in Alberta, file a petition with the court. Only a judge can dismiss the suit.
