Filing Lis Pendens In New York In Michigan
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FAQ
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.
If you are selling a property that is subject to a lis pendens, you must disclose this fact to potential buyers. Failure to do so could result in legal liability. Additionally, a lis pendens can make it difficult to sell a property as it may deter potential buyers who do not want to become involved in a legal dispute.
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.
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.
PENDENS'- § 52 OF THE TRANSFER OF PROPERTY ACT, 1882 1) There is a pendency of a suit or proceeding. 2) The suit or proceeding must be pending in a Court of competent jurisdiction. 3) A right to immovable property is directly and specifically involved in the suit.
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.
If you are selling a property that is subject to a lis pendens, you must disclose this fact to potential buyers. Failure to do so could result in legal liability. Additionally, a lis pendens can make it difficult to sell a property as it may deter potential buyers who do not want to become involved in a legal dispute.
