Withdrawal Of Lis Pendens Form With Decimals In Fairfax

State:
Multi-State
County:
Fairfax
Control #:
US-00403BG
Format:
Word
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

Rules for Recorded Documents At least the top 2-½ inches of the first page shall be reserved for recording information. The left 3-½ inches of this space shall be used by the public to show the name of the person requesting recording and the name and address to which the document is to be returned following recording.

There is no specific time frame for how long a lis pendens is valid. Rather, a lis pendens is valid until it is expunged or the underlying case is resolved. If not expunged, a lis pendens is often removed as part of a settlement agreement reached between the parties.

A lis pendens must be filed with both the county recorder and the circuit court clerk. After the action has reached pending status, the lis pendens must be drafted and submitted to the county recorder to be recorded for public record. This does not end this part of the process.

What is a lis pendens? (CCP § 405.21) A lis pendens – also called a notice of pendency of action – is a special type of legal document filed with a county recorder. Though its use is limited to lawsuits involving real property claims, its effect is powerful.

First, you can only file a lis pendens if you have a pending lawsuit with the circuit court. Your case must be already pending before the lis pendens will be recorded by the county. In addition, this case must be pending in the correct court jurisdiction and show a real property claim.

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Withdrawal Of Lis Pendens Form With Decimals In Fairfax