Filed Lis Pendens On In Maryland
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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.
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.
Rule 2-602(b) permits a circuit court to direct the entry of a final judgment if its order disposes of “one or more but fewer than all of the claims or parties.” To direct the entry of a final judgment, however, the circuit court must “expressly determine in a written order that there is no just reason for delay. ...
In Maryland, to have lis pendens apply to a property, no further pleading or document needs to be filed (other than the action itself) because “the filing of the complaint is constructive notice of the lis pendens as to real property in the county in which the complaint is filed.
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.
RULE 2-612. CONSENT JUDGMENT The court may enter a judgment at any time by consent of the parties.
A summons is effective for service only if served within 60 days after the date it is issued. A summons not served within that time shall be dormant, renewable only on written request of the plaintiff.
If you choose to defend yourself, you must file the Notice of Intention to Defend, appearing on the bottom half of the summons. The Notice should be cut at the perforated line and returned to the court address listed at the top of the summons.
The court will issue a Writ of Summons to officially notify the other side (called “the defendant”) that a suit has been filed. Proof of Service (DC-CV-002) is submitted to the court that the other side has been notified, or served.
