Filed Lis Pendens On In Cook
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FAQ
Lis Pendens is essentially a red flag for anyone interested in a property. It signals that unresolved legal issues surround the property, such as disputes over ownership or claims against its title.
Resolution of the lawsuit can often take a long time, sometimes months or even years. Because of this, prospective buyers are often cautioned against purchasing homes that are under a lis pendens. The lis pendens is filed with the county recorder's office and stays on file until such time as the lawsuit is decided.
Lis Pendens is essentially a red flag for anyone interested in a property. It signals that unresolved legal issues surround the property, such as disputes over ownership or claims against its title.
A“LIS PENDENS FORECLOSURE” indicates a foreclosure case. This type of “LIS PENDENS” was only recently added (in 2011) by Cook County in response to the foreclosure crisis. Prior to that, just the phrase “LIS PENDENS” was used.
A lis pendens is not a lien on property, but rather a notice that a possible interest is being claimed in certain real property.
A lis pendens effectively clouds the title to the property described in the notice and impedes a subsequent sale or encumbrance of the property until the litigation is resolved or the lis pendens is expunged.
A release of lis pendens under Illinois law to record and provide notice to third parties that litigation is resolved or title to real property is no longer in controversy.
A lis pendens is a written notice that a lawsuit has been filed concerning real estate, involving either the title to the property or a claimed ownership interest in it.
- The appeal to the Court of Appeals in cases decided by the Regional Trial Court in the exercise of its original jurisdiction shall be taken by filing a notice of appeal with the court which rendered the judgment or final order appealed from and serving a copy thereof upon the adverse party.
To annotate a notice of lis pendens, the following elements must be present: (a) the property must be of such character as to be subject to the rule; (b) the court must have jurisdiction both over the person and the res; and (c) the property or res involved must be sufficiently described in the pleadings.
