How t o respond to a Notice of Lis Pendens?

Answer 1

You don't answer the lis pendens. You will answer the summons and complaint that the lis pendens is referencing. (Remember that the purpose of a lis pendens is to notify anyone whom it may concern that a lawsuit is pending which affects title to real property.) I strongly recommend you consult with an real estate attorney if you have received a lis pendens or know that one is recorded against your property. Relevant links are below.

Answer 2

A lis pendens serves as a warning that a lawsuit which affects a certain parcel of real estate is pending in court. When the lawsuit that the lis pendens warns of is dismissed, the lis pendens will no longer encumber the real estate.

Answer 3

You would need to respond to the underlying complaint. A lis pendens alone is worthless--the purpose of it is to notify the public of pending litigation that affects real estate.

See the below link to a civil answer form and contact an attorney ASAP to discuss your legal options.

Answer 4

To save time you might want to find out who filed the lis pendens and figure out what it will take to settle their claim, in addition to all of the other customary things one does in a purchase. Otherwise you go under contract and make sure a third party holds any earnest money and that the contract specifically requires the seller to clear this up before or at closing, if it makes sense economically. Use a lawyer to craft the contract!!!!!

Answer 5

You should first ask the plaintiff named in the lis pendens to remove it from your property because it has been filed against the wrong property. If the plaintiff refuses, you should see a real estate law attorney. Your attorney will likely file a motion in court to have the lis pendens removed. I don't recommend you file your own paperwork in court since you will be held to the same standards as an attorney, and you will face sanctions (fines) if you don't exactly comply with these standards.

Answer 6

The lis pendens should be drafted by the attorney who is representing you in your lawsuit against the property owner to make certain it is done properly.