Filing Lis Pendens In South Carolina In Montgomery
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Expunging a Lis Pendens This can happen if the party believes that the lis pendens was improperly filed or if the underlying lawsuit has been resolved. Court Hearing: If a party seeks expungement, the court will conduct a hearing to determine whether the lis pendens should be canceled.
Lis pendens means “pending lawsuit.” Under common law, filing a complaint “concerning real property” was constructive notice to buyers that they would take subject to the suit. Oregon now requires plaintiffs to record a separate Notice of Lis Pendens to secure their interest in the property.
After a Lis Pendens is filed, it becomes part of the public record, warning anyone interested in the property that it is involved in a legal dispute. The property owner may challenge the Lis Pendens in court, seeking to have it removed if it was improperly filed.
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 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.
When the summons is published or served as above provided the notice of the pendency of the action shall constitute notice for only five years from the date of the filing of such notice, and, in order to provide constructive notice to a purchaser or encumbrancer of the property affected thereby after such five-year ...
Civil lawsuits in South Carolina are generally filed in one of two types of courts: Magistrate's Court or Circuit Court. Magistrate's Court handles claims involving smaller amounts, usually up to $7,500.
Please note: South Carolina is an Attorney State when it comes to Deed preparation.
Adding Someone to the Deed: You can add someone to your property deed by executing a new deed (often called a quitclaim deed) that transfers a percentage of ownership to the new person. This usually requires notarization and may need to be recorded with the local government office.
