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That means that a lawsuit is pending that affects title to the property you are buying. Depending on the result of the lawsuit, your rights in the property could be in jeopardy. Talk with a real estate attorney before moving forward to the sale--under no circumstances should you proceed without an attorney's advise.
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.
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.
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?
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.
What is the difference between lis alibi pendens and lis pendens?
"Alibi" means here foreign. So "lis alibi pendens" tells us that there is the same action in the foreign court, while "lis pendens" may stand for the same action in the national court.
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 it mean when the county records assignment to a property under lis pendens?
A lis pendens means that there is a lawsuit pending against the owners of the property, and that the outcome of that lawsuit may affect title to the property. Anyone who buys a property subject to a lis pendens risks losing all or part of the property, depending on the outcome of the lawsuit.
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.
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.
How do you pronounce lis pendens?
You can double click on the small speaker icon at the link below to hear the spoken phrase 'lis pendens'.
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.
