Form Lis Pendens Foreclosure Cook County In Massachusetts
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FAQ
A“LIS PENDENS FORECLOSURE” indicates a foreclosure case. This type of “LIS PENDENS” was only recently added (in 2011) by Cook County in response to the foreclosure crisis. Prior to that, just the phrase “LIS PENDENS” was used.
Instead, the foreclosure purchaser must remove (expunge) the lis pendens before it can initiate the eviction process. Of course, that process could take months, if not years, depending on the merits of the prior borrower's claims and the particular court.
The standard for obtaining a lis pendens in Massachusetts is simple: A person seeking a lis pendens must establish that the subject matter of their lawsuit "constitutes a claim of a right or title real property or the use and occupation thereof." Once that has been established–and it need only be established by what is ...
Generally, filing fees for legal documents, including Lis Pendens, are determined by the local government or court where the filing takes place. These fees can range from a relatively low amount to several hundred dollars.
Expunging a Lis Pendens This can happen if the party believes that the lis pendens was improperly filed or if the underlying lawsuit has been resolved. Court Hearing: If a party seeks expungement, the court will conduct a hearing to determine whether the lis pendens should be canceled.
• Any action or proceeding which is pending in any court of law is. said to be lis pendens. • The maxim representing this doctrine means that 'during the. pendency of litigation, nothing new should be introduced and to maintain the status quo, to abstain from doing anything which may affect any party to the litigation.
Pursuant to Public Act SB 2677, ALL Lis Pendens must be filed electronically with IDFPR. For more information on how to set up an account, e-mail VeritecOps@ILAPLD with the subject line “New Electronic Filing Request – (law firm name).”
The Massachusetts lis pendens statute serves to protect the rights of the property owner as well. A memorandum of lis pendens associated with a parcel of real estate creates a “cloud on title” to the property, which can have harsh consequences.
A judge in the Circuit Court of Cook County oversees the foreclosure process, which typically involves the lender filing a lawsuit against the homeowner for defaulting on the mortgage. If the Court finds in favor of the lender, it can result in the forced sale of the property to repay the outstanding mortgage debt.
