US Legal Forms
Release of Lis Pendens

Lis Pendens Requirements In Florida

Category:

Real Estate - Lis Pendens

State:

Multi-State

Control #:

US-00403BG

Format:

Instant download

Description

The Release of Lis Pendens in Florida serves as a formal document to cancel a previously recorded lis pendens, which signifies that a legal case involving the property is no longer active. This form is essential for attorneys, partners, owners, associates, paralegals, and legal assistants who need to ensure accurate property records and protect their clients' interests. In Florida, a lis pendens is typically filed when litigation regarding a property is pending, so releasing it is crucial to clear any encumbrances on the title. Users should clearly indicate the specifics of the recorded lis pendens, including the book and page numbers where it is filed. The form should be signed and dated to confirm the release, and users must follow proper filing procedures with the local Clerk or Recorder's office. This form is particularly useful in real estate transactions where previous claims need to be resolved to facilitate a sale or transfer of property. Overall, understanding the lis pendens requirements in Florida helps ensure compliance with legal standards and serves the best interests of clients involved in property disputes.

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FAQ

(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.

What Does Lis Pendens Mean? Lis pendens is a Latin term that literally means “lawsuit pending.” In a modern context, it is a notice filed against real estate that is under the control of the courts because of a pending lawsuit. It is often referred to as a “cloud on title”.

Section 48.23 provides that the notice must contain the names of all of the parties, the name of the court in which the action is instituted, a description of the property involved or affected, a description of the relief sought as to the property, and one of the following: the date of the institution of the action, ...

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.

How Long Does a Lis Pendens Last in Pennsylvania? Under Pennsylvania law, a Lis Pendens typically remains recorded for a period of fifteen years. This duration provides adequate notice to interested parties about ongoing litigation or other legal actions involving the real property.

A lis pendens notice will be recorded in the county public records, and a copy of the notice will be sent to the property owner.