Wisconsin Release and Discharge Lis Pendens
Description
Definition and meaning
The Wisconsin Release and Discharge Lis Pendens is a legal document that formally releases a previously filed notice of lis pendens in connection with a foreclosure action. A lis pendens is a warning to potential buyers of a property that there is a pending legal action involving that property, which could affect its ownership. When the underlying debt is settled, this form is used to clear the title by discharging the lis pendens, allowing the property to be sold or refinanced without the cloud of unresolved legal issues.
Who should use this form
This form is typically used by plaintiffs in foreclosure actions who have resolved the debt related to the lis pendens. It is essential for any individual or entity involved in a property dispute that has resulted in a lis pendens being filed. Once the debt is paid and the legal action is concluded, the property owner or their attorney should complete this form to release the claim against the property's title.
Key components of the form
The Wisconsin Release and Discharge Lis Pendens includes several key components:
- Title of the document: Identifies the nature of the form.
- Case information: Includes the case number and names of the parties involved.
- Description of real estate: Specifies the property affected by the lis pendens.
- Attorney details: Provides information about the attorney filing the form.
- Signature section: Allows for notarization and confirmation of the document's validity.
How to complete a form
To complete the Wisconsin Release and Discharge Lis Pendens, follow these steps:
- Clearly print the names of the plaintiffs and defendants involved in the case.
- Insert the case number and case code accurately.
- Provide a detailed description of the real estate related to the lis pendens.
- Sign and date the form in the designated areas.
- Have the document notarized to ensure its legal validity.
Common mistakes to avoid when using this form
When completing the Wisconsin Release and Discharge Lis Pendens, it is important to avoid common pitfalls, such as:
- Failing to accurately describe the property.
- Omitting any required signatures or dates.
- Not having the document notarized, which could render it invalid.
- Leaving out important case information, such as the case number.
What to expect during notarization or witnessing
During the notarization of the Wisconsin Release and Discharge Lis Pendens, you can expect the following process:
- The signer must appear in person before the notary public.
- Valid identification will be required to verify the identity of the signer.
- The notary will review the document for completeness before signing and affixing their seal.
- A record of the notarization will be kept by the notary.
Benefits of using this form online
Utilizing the Wisconsin Release and Discharge Lis Pendens form online offers several advantages:
- Convenience of accessing the form from anywhere, at any time.
- Reduction of errors with user-friendly digital formats.
- Immediate availability for download and completion.
- Access to legal guidance that can help in understanding and filling out the form accurately.
How to fill out Wisconsin Release And Discharge Lis Pendens?
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FAQ
A lis pendens may be removed through a motion to expunge. A motion to expunge may be granted if the underlying lawsuit or other court action does not contain a real property claim that has probable validity. The motion will be granted it if is more likely than not that the underlying lawsuit or claim will fail.
Once the lis pendens is filed, it will become part of the public record because it is a constructive notice. This also means that if you didn't receive notification directly (perhaps you were sent a letter that got lost in the mail), the lis pendens still remains in effect.
Lenders are usually unwilling to finance a mortgage until the lis pendens has been removed from the title. In addition, while a property can still be sold while there is a lis pendens, title companies will not insure the property, and that alone should be a deterrent to purchasing.
A lis pendens may be removed through a motion to expunge. A motion to expunge may be granted if the underlying lawsuit or other court action does not contain a real property claim that has probable validity. The motion will be granted it if is more likely than not that the underlying lawsuit or claim will fail.
After a complaint is filed that (might confirm or change interests in the real property) the Plaintiff shall record a Lis Pendens in the county or (each county where any part) of the property lies. The Lis Pendens will be recorded with the Registry of Deeds of said county.
The discharge of the Lis Pendens means that your real estate is no longer the subject of litigation.
How long does a lis pendens last? The amount of time a lis pendens lasts depends on the state you live in and can vary from months up to a year. If you intend to file a lis pendens, or have one filed against you, make sure you speak with a lawyer to determine the time frame based on your state.
Releasing a lis pendens in California requires that the party that signed the original lis pendens, or their successor in interest, must sign and record the notice of release of lis pendens . The signature on the notice of release of a lis pendens must be notarized.
Lis Pendens Releases A lis pendens filed on a real property's title informs parties with an interest in that real property that a lawsuit involving that property is pending.Notices of voluntary dismissal and release of lis pendens declarations are issued frequently when foreclosure lawsuits are dismissed.
