Release Of Lis Pendens Meaning In Michigan

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

(1) The claim of lien of a contractor, subcontractor, supplier, or laborer may at any time be vacated and discharged if a bond, with the lien claimant as obligee, is filed with the county clerk for the county in which the property covered by the lien is located and a copy is given to the obligee lien claimant.

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.

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.

Owners can remove these construction liens from their property in two primary ways: The landowner can contact the county clerk to facilitate its removal if no lawsuit is filed within a year to foreclose the lien. An owner can remove a construction lien through a bonding-off process.

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.

A lis pendens does not have a statute of limitations per se. All a lis pendens is, is a notice to the "world" (assuming it is properly recorded with the appropriate recorder's office) that there is pending litigation which could affect title of the property.

600.2809 Judgment lien; expiration; rerecording; tolling or suspension of time period; judgment lien extinguished. Sec. 2809. (1) Unless subsection (2) or (3) applies, a judgment lien expires 5 years after the date it is recorded.

“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 ...

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Release Of Lis Pendens Meaning In Michigan