US Legal Forms
Release of Lis Pendens

Withdrawal Of Lis Pendens Form With Two Points In Florida

Category:

Real Estate - Lis Pendens

State:

Multi-State

Control #:

US-00403BG

Format:

Instant download

Description

The Withdrawal of Lis Pendens form is a crucial document in Florida, enabling a person or entity to officially retract a notice that a specific property is under litigation. This form is utilized when a case is resolved, and the parties wish to remove the cloud on the title of the property. In Florida, the form should include two primary points: a clear identification of the Lis Pendens being withdrawn and an acknowledgment of the consideration received for this action. Key features of the form include spaces for detailing the original recording information and the signature of the party withdrawing the Lis Pendens. Filling out the form is straightforward; users need to provide specific information about the property and sign in the designated area. Attorneys, partners, owners, associates, paralegals, and legal assistants find this form useful in real estate and foreclosure cases, as it helps clear property titles and facilitates smoother transactions. Proper completion and timely filing of the form can prevent potential legal complications and ensure all parties’ interests are protected.

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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 ...

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.

Other than resolution of the pending lawsuit, the only way to remove a lis pendens is by expungement, which requires a court order from a circuit judge. If you refuse service or the action is otherwise delayed, the lis pendens remains intact, making it difficult to sell or otherwise transfer a 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.

However, once any litigation has been resolved, a lis pendens can be removed through a Florida Release of Lis Pendens. This legal document will formally remove the lis pendens so that the property title is clear.