Release Of Lis Pendens Form Withdrawal In Maryland

State:
Multi-State
Control #:
US-00403BG
Format:
Word
Instant download

Description

Lis Pendens means "a suit pending". A lis pendens is a written notice that a lawsuit has been filed involving the title to real property or some interest in that real property. Notice to the defendant who owns the property and potential buyers or lenders is given by filing the lis pendens with the clerk of the court, certifying that it has been filed, and then recording it with the County Recorder. The lis pendens must include a legal description of the real property, and the lawsuit must involve the property. A person who records a false lis pendens will be subject to the penalty of payment of attorney's fees. A petition to remove the lis pendens from real property may be brought by the defendant when the property is not involved in the lawsuit.

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FAQ

When the sheriff is a party to or interested in an action so as to be disqualified from serving or executing process, the court, on application of any interested party, may appoint an elisor to serve or execute the process.

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.

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.

Promptly upon entry of a judgment by confession, the clerk, instead of a summons, shall issue a notice informing the defendant of entry of judgment and of the latest time for filing a motion to open, modify, or vacate the judgment.

Act'n 12-102. Rule 12-102 - Lis Pendens (a) Scope. This Rule applies to an action filed in a circuit court or in the United States District Court for the District of Maryland that affects title to or a leasehold interest in real property located in this State. (b)Creation--Constructive Notice.

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 ...

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.

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.

What Does Discharge of Lis Pendens Mean? If you receive a discharge of lis pendens, it means your property no longer has a claim or lawsuit against it.

Releasing a lis pendens in California requires that the party that signed the original lis pendens, or their successor in interest, must sign and record the notice of release of lis pendens . The signature on the notice of release of a lis pendens must be notarized.

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Release Of Lis Pendens Form Withdrawal In Maryland