Lis Pendens Form Blank Withdrawal In Broward
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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.
