How to record a lis pendens in Florida?

A notice of lis pendens must contain the following: a. The names of the parties. b. The date of the institution of the action, the date of the clerk's electronic receipt, or the case number of the action. c. The name of the court in which it is pending. d. A description of the property involved or to be affected. e.

US Legal Forms
Release of Lis Pendens

Lis Pendens Form Blank Withdrawal In Broward

Q: What is a lis pendens discharge in Florida?

A lis pendens can be challenged if it is not founded on a duly recorded instrument. When a pending pleading does not show that an action is founded on a duly recorded instrument, a court may control and discharge the recorded notice of lis pendens.

Category:

Real Estate - Lis Pendens

State:

Multi-State

County:

Broward

Control #:

US-00403BG

Format:

Instant download

Description

Lis Pendens means "a suit pending". A lis pendens is a written notice that a lawsuit has been filed involving the title to real property or some interest in that real property. Notice to the defendant who owns the property and potential buyers or lenders is given by filing the lis pendens with the clerk of the court, certifying that it has been filed, and then recording it with the County Recorder. The lis pendens must include a legal description of the real property, and the lawsuit must involve the property. A person who records a false lis pendens will be subject to the penalty of payment of attorney's fees. A petition to remove the lis pendens from real property may be brought by the defendant when the property is not involved in the lawsuit.

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FAQ

A lis pendens can be challenged if it is not “founded on a duly recorded instrument.” When a pending pleading does not show that an action is “founded on a duly recorded instrument,” a court may control and discharge the recorded notice of lis pendens.

2d 491 (Fla. 1993). ing to Florida Statute Section 48.23, a lis pendens must have a caption with the names of all the parties, the date of the action, description of the property and statement of the relief being sought. There is a Supreme Court approved form, and it should be used.

A wrongfully filed lis pendens can be removed by the judge in the case in which it was filed. The party seeking to remove it must file a motion and address why the lis pendens is improper under Florida law.

(2) A notice of lis pendens is not effectual for any purpose beyond 1 year from the commencement of the action and will expire at that time, unless the relief sought is disclosed by the pending pleading to be founded on a duly recorded instrument or on a lien claimed under part I of chapter 713 against the property ...

The titleholder can sell a property and transfer the deed to someone else while subject to a lis pendens. However, most title companies will not provide insurance for homes with a lis pendens, and closing agents may close with the lien being bonded.

A notice of lis pendens must contain the following: a. The names of the parties. b. The date of the institution of the action, the date of the clerk's electronic receipt, or the case number of the action. c. The name of the court in which it is pending. d. A description of the property involved or to be affected. e.

The party seeking to dissolve the lis pendens must file a motion defining why the lis pendens is neither one of right nor one with a nexus to the real property. The movant will normally also ask for a bond in the event that the judge does find a nexus exists.