File A Lis Pendens On Property In Palm Beach

State:
Multi-State
County:
Palm Beach
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

You can electronically record documents online (eRecording) or you can bring your original documents to the Main Courthouse, South County Courthouse, North County Courthouse, West County Courthouse, Royal Palm Beach branch or mail your documents.

However, once any litigation has been resolved, a lis pendens can be removed through a Florida Release of Lis Pendens. This legal document will formally remove the lis pendens so that the property title is clear.

A wrongfully filed lis pendens can be removed by the judge in the case in which it was filed. The party seeking to remove it must file a motion and address why the lis pendens is improper under Florida law.

The titleholder can sell a property and transfer the deed to someone else while subject to a lis pendens. However, most title companies will not provide insurance for homes with a lis pendens, and closing agents may close with the lien being bonded.

The titleholder can sell a property and transfer the deed to someone else while subject to a lis pendens. However, most title companies will not provide insurance for homes with a lis pendens, and closing agents may close with the lien being bonded.

(2) A notice of lis pendens is not effectual for any purpose beyond 1 year from the commencement of the action and will expire at that time, unless the relief sought is disclosed by the pending pleading to be founded on a duly recorded instrument or on a lien claimed under part I of chapter 713 against the property ...

The Notice of Commencement shall be recorded in the office of the Clerk where the real property is located. A certified copy of the Notice of Commencement must be posted on the property. The property owner must sign the Notice of Commencement and no one else may be permitted to sign in his or her stead.

Other than resolution of the pending lawsuit, the only way to remove a lis pendens is by expungement, which requires a court order from a circuit judge. If you refuse service or the action is otherwise delayed, the lis pendens remains intact, making it difficult to sell or otherwise transfer a property.

Short Answer: After filing a lis pendens, property sales may stall due to legal disputes impacting the title. Misfiling can result in sanctions or slander of title damages. Removal involves court-ordered expungement or voluntary discharge.

Section 48.23 provides that the notice must contain the names of all of the parties, the name of the court in which the action is instituted, a description of the property involved or affected, a description of the relief sought as to the property, and one of the following: the date of the institution of the action, ...

More info

A lis pendens is a common tool used in Florida to put third parties on notice of a pending lawsuit against real estate. Lis Pendens literally means "suit pending" it is defined as the "jurisdiction, power, or control which courts acquire over property involved in a pending suit.A lis pendens, Latin for "lawsuit pending," is a written notice to the public that a lawsuit has been filed involving a piece of real estate. Lis pendens is a legal term to describe a notice of pending litigation against real estate or real property. Palm Beach County Lis Pendens Form. Fill in the blank form formatted to comply with all recording and content requirements. There is a Supreme Court approved form, and it should be used. Fill out the paperwork COMPLETELY. Do not leave any blanks. Dixie Highway, West Palm Beach, FL 33401) at least 7 days prior to the hearing.

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File A Lis Pendens On Property In Palm Beach