When a lis pendens is filed, any future transfers of the property are affected by the pending action if it were to be awarded. A lis pendens puts a “cloud” on the title. It doesn't prevent you from selling your home, but it does make the title uncertain, which could affect your ability to sell.
Go to the Clerk of Court and Comptroller's website and search in recorded documents for a Lis Pendens against this property. You must search by owner's name. This can be tricky because the owner may own multiple properties and there may be hundreds of recorded documents with that name if it is a common name.
Contrary to popular belief a lis pendens does not actually prevent the owner from selling the property. The titleholder can still sell the land and transfer the deed, but most title companies will not provide insurance and closing agents may not close without the lien being bonded.
(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 ...
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.
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.
How to Perform a Comprehensive Lien Search in Florida Common: A Step-by-Step Guide Step 1: Gather Information. Identifying the Property. Step 2: Access Public Records. Access County Records. Step 3: Review Documents. Step 4: Confirm Information. Step 5: Review Title Insurance. Step 6: Evaluate Results.
Contrary to popular belief a lis pendens does not actually prevent the owner from selling the property. The titleholder can still sell the land and transfer the deed, but most title companies will not provide insurance and closing agents may not close without the lien being bonded.
(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 ...
(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 ...