US Legal Forms
Release of Lis Pendens

File Notice Lis Pendens Fort Worth In Middlesex

Category:

Real Estate - Lis Pendens

State:

Multi-State

County:

Middlesex

Control #:

US-00403BG

Format:

Instant download

Description

The document titled 'Release of Lis Pendens' is designed for formalizing the release of a Lis Pendens previously filed in land records. This legal form is essential for individuals or entities that wish to clear a title or property from a pending lawsuit notice that may affect its ownership. The form requires the specific details of the Lis Pendens being released, including the jurisdiction and book and page number where it was recorded. It's vital for the filing party to provide accurate information to ensure proper cancellation in the appropriate clerk's office. Target users such as attorneys, partners, owners, associates, paralegals, and legal assistants will find this form particularly useful when managing real estate transactions or property disputes. The form helps to protect the interests of clients by ensuring that potential buyers or lenders are aware that the claim has been resolved. Proper filing and recording instructions must be followed, as incomplete submissions could lead to delays in releasing the notice. Clarity in the documentation process supports users in maintaining accurate property records and upholding legal integrity.

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FAQ

To file a Lis Pendens in Texas, the party initiating the lawsuit must follow procedures outlined in the Texas Property Code. This includes submitting a declarative affidavit to the county clerk's office where the property is located. The affidavit must generally contain: Names of the parties involved.

A lis pendens has no life of its own apart from the lawsuit that underlies it. If there is no lawsuit, there can be no valid lis pendens. “A lis pendens operates only during the pendency of the underlying suit, and only as to those matters that are involved in the suit.

File a request with the court to remove the lis pendens. Provide the legal reasons the lis pendens is improper, offering proof, for example, that the lis pendens affects real estate that is not connected to the litigation. If the lawsuit is frivolous and merely intended to harass the property owner, offer proof.

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.

When a notice of lis pendens is filed in such an action, the plaintiff shall, within three days after the filing of the notice of lis pendens, serve upon the defendant a copy of the notice of lis pendens and of the complaint.

A judgment is valid for 10 years after it is issued, and it can be enforced at any time within that time period. There are ways for a creditor to extend a judgment past that time, so if properly renewed, a creditor can seek to enforce the judgment and collect for many years even after the initial ten-year window.