The Lis Pendens is a public notification that the property is being foreclosed upon. If the homeowner attempts to sell the property or get a second mortgage, the title search will reveal the Lis Pendens and notify any interested party that the property's title is in question due to the pending foreclosure.
The Lis Pendens is a public notification that the property is being foreclosed upon. If the homeowner attempts to sell the property or get a second mortgage, the title search will reveal the Lis Pendens and notify any interested party that the property's title is in question due to the pending foreclosure.
Once the complaint is filed, it enters a Lis pendens, meaning a suit is pending. The lender becomes the plaintiff, and the debtor becomes the defendant in the court record. The case receives a docket number. The plaintiff must serve the defendant with the foreclosure complaint.
In general, lis pendens is Latin for “suit pending.” It is used in several contexts: “Lis pendens” is construed to be the jurisdiction , power, or control which courts acquire over property involved in a suit, pending the continuance of the action , and until final judgment .
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.
Steps Find sample forms. You can find many quitclaim deeds on the Internet. Format your document. Include required information. Provide the address where taxes should be mailed. Title the document. Identify the parties. Describe the property. Identify who prepared the legal description of property.
No notice of lis pendens shall be effective after five years from the date of its filing.