Filing Lis Pendens In South Carolina In Michigan
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The lien may be enforced by petition to the court of common pleas for the county in which the building or structure is situated. The petition may be filed in term or in the clerk's office in vacation and the date of the filing shall be deemed the commencement of the suit.
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. (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 purpose of a lis pendens is to notify the public that a claim or lawsuit is being filed, or has been filed, against a person or business and their property. Thus, a lis pendens functions as a "cloud upon the title" on the property potentially being foreclosed upon.
A notice of lis pendens is a legal document recorded in the chain of title to real property at the local register of deeds that gives notice to everyone that said property is the subject matter of a lawsuit.
In South Carolina, a claim of lien must be filed no later than 90 days after the last day on which the claimant furnished labor or materials to the project. Unlike many other states, South Carolina generally allows “call-back” or warranty work to extend the time period in which a lien may be filed.
SOUTH CAROLINA Final judgments create a lien upon real estate for a period of ten years. S.C. Code Ann. § 15-35-810.
