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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 else can I help you with?
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.
Will filing quiet title action eliminate liens and mortgages on a parcel?
A quiet title action can only "quiet" liens or claims that have been made a part of the quiet title action. Usually that type of action involves an old but still active lien or mortgage that was paid but was not discharged as of record. Quiet title actions cover a very broad category and may vary in different state jurisdictions. You should consult with an attorney about your particular case. If you wish to wipe out unpaid liens and mortgages through a quiet title action forget about it.
How do you file quiet title in Ohio?
A quiet title action is a complicated area of law. If you had the expertise to draft a complaint to quiet title then you would know how to file it. You should seek the advice of an attorney who could review your situation and explain your options.
Do you need a lawyer to quiet the title Florida?
Generally, yes. A quiet title action usually involves some complex research and litigation. It should be handle by an attorney who specializes in real estate law.
How much time in California does a Defendant in a Lis Pendens action have to respond?
A lis pendens is not a legal action. It only warns anyone who it may concern that a lawsuit is pending, and the outcome of that lawsuit will affect title to a certain piece of real property. Therefore, you have as much time to respond to the lawsuit as the court rules allow. This time is listed on the summons which came with the lis pendens. If a summons and complaint did not come with your lis pendens, contact the clerk of your local court and/or an attorney.
What is a petition or motion to clear title to real property?
That would be an action to quiet title.
Does having a quiet title protect future owners of the property?
All future owners will have the benefit of the decision rendered in the quiet title action.
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.
How long do you have to advertise a property for a quiet title action?
Depends on which state you are in.
Is it legal to transfer property to a land trust if there has been a lis pendens filed against said property?
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.
What is the Statute of limitations on filing a quiet title action in Arizona?
There is no statute of limitations for filing a quiet title action in Arizona. However the statute of limitations may apply if the person filing the action enjoys undisturbed possession of the property in question and if so then the statute of limitations is 1 year.
Where do I Find legal forms for quiet title complaint in Florida?
Generally, a quiet title action is not a fill-in form. A quiet title action is commenced by the filing of a complaint. The complaint must be drafted by an attorney who specializes in real estate law, or at the very least, by someone with a background in the relevant law who knows how to draft a complaint. The complaint must describe the title defect, explain where in the title the defect or cloud arose and convince the court that the plaintiff should be confirmed as the rightful owner. That information must be supported by a title examination performed by a professional. The complaint must be served on the opposing party.
