Release Of Lis Pendens Form Withdrawal In Nassau
Category:
State:
Multi-State
County:
Nassau
Control #:
US-00403BG
Format:
Word
Instant download
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
Preparing a Notice of Lis Pendens Assemble the document, including the title, legal description of the property, name of the plaintiff, name of the defendant, and case number. Make sure to include the signature of the plaintiff or plaintiff's attorney. Make copies of the notice of lis pendens.
A lis pendens may be removed through a motion to expunge. A motion to expunge may be granted if the underlying lawsuit or other court action does not contain a “real property claim” that has probable validity. The motion will be granted it if is “more likely than not” that the underlying lawsuit or claim will fail.
