File Notice Lis Pendens Fort Worth In Michigan
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A Notice of Lis Pendens is a document that gives constructive notice of a pending suit to a purchaser of any real estate. The plaintiff files the notice with the register of deeds in counties where affected property are located.
600.2715 Notice lis pendens; duration; extension. Sec. 2715. (1) A notice of pendency hereafter filed for record shall be effective as notice for a period of 3 years from the date of filing.
The party filing a lis pendens or the party's agent or attorney shall sign the lis pendens, which must state: (1) the style and number, if any, of the proceeding; (2) the court in which the proceeding is pending; (3) the names of the parties; (4) the kind of proceeding; and (5) a description of the property affected.
“To render the filing of a complaint constructive notice to a purchaser of any real estate, the plaintiff shall file for record, with the register of deeds of the county in which the lands to be affected by such constructive notice are situated, a notice of the pendency of such action, setting forth the title of the ...
600.2715 Notice lis pendens; duration; extension. (1) A notice of pendency hereafter filed for record shall be effective as notice for a period of 3 years from the date of filing.
Lis pendens is a formal notice that there is a pending action, or lawsuit, that could affect the title of the property. However, it serves an even bigger purpose. When a lis pendens is filed, any future transfers of the property are affected by the pending action if it were to be awarded.
The suit or proceeding must be pending before a competent court of jurisdiction. A right to immovable property is directly or specifically involved in the suit. The suit or proceeding must not be collusive. The property in dispute must be transferred or otherwise dealt with by any party to suit.
Lis pendens are used most often in cases of divorce and foreclosure. For example, if a divorcing couple cannot agree on how to divide their interest in the marital home, one spouse may file a lis pendens in order to keep the other spouse from trying to sell the house until the divorce is settled.
