To establish a lien, a contractor or subcontractor must file a petition in the circuit court for the county where the property is located within 180 days after completing work on the property or providing materials.
Prerequisites to Filing a Lis Pendens Pending Legal Action: A lawsuit involving a property claim, such as ownership or title, must be filed or about to be filed. Direct Connection to Property: The legal action must directly affect the property's title, ownership, or rights, not just financial disputes.
Lis Pendens typically finds its place in legal disputes involving real estate. These can include divorce, contract disputes and mortgage default. As an example, consider a divorce case where one spouse may file a lis pendens to block the other from selling the property before its division is settled by the court.
In an action to which the doctrine of lis pendens applies, the filing in the land records of a county in which real property that is the subject of the action is located of either (1) a certified copy of the complaint giving rise to the lis pendens or (2) a Notice of Lis Pendens, substantially in the form approved by ...
To establish a lien, a contractor or subcontractor must file a petition in the circuit court for the county where the property is located within 180 days after completing work on the property or providing materials. It can be difficult to determine the work completion date.
ACTION FOR RELEASE OF LIEN INSTRUMENT. When a mortgage or deed of trust remains unreleased of record, the mortgagor, grantor, or a successor in interest entitled by law to a release may file a complaint for release of the lien instrument in any county where the lien instrument is recorded.
RECOVERY OF PROPERTY OR VALUE AFTER JUDGMENT--DETINUE. (a) Action. (1) A person claiming the right to possession of personal property may file an action under this Rule.
Unless inconsistent with these rules, circuit and local rules regulating (1) court libraries, (2) memorial proceedings, (3) auditors, and (4) compensation of trustees in judicial sales are not repealed.
To establish a lien, a contractor or subcontractor must file a petition in the circuit court for the county where the property is located within 180 days after completing work on the property or providing materials.