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.
You may download a domicile form or obtain one at any Clerk of the Circuit Court & Comptroller location. Bring or mail the form to a Clerk's office location to be recorded. You must bring some form of legal identification if you need your document notarized.
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.
If you wish to file a complaint, you may send an email to pzbcode@pbcgov. Please provide the complaint address with an explanation of the potential code violations, along with your first and last name, and full address.
The Notice of Commencement shall be recorded in the office of the Clerk where the real property is located. See Florida Statute 713 for detailed information, including posting requirements. See Fees & Costs for current recording fees.
What Does Lis Pendens Mean? Lis pendens is a Latin term that literally means “lawsuit pending.” In a modern context, it is a notice filed against real estate that is under the control of the courts because of a pending lawsuit. It is often referred to as a “cloud on title”.
A Ladybird deed is an enhanced life estate deed. Real estate may be sold, used, mortgaged, or leased utilizing this type of deed without the future beneficiaries' approval. When you use a standard life estate deed, you relinquish complete control over a property even before your death.
By following these steps, the Notice of Commencement can be accurately filed and all parties can be informed of the project's status. Clearly Indicate All Parties Involved. Include an Accurate Description of the Project. Establish the Date and Notarize the Notice. File the Notice with the Appropriate County Clerk.
The party seeking to dissolve the lis pendens must file a motion defining why the lis pendens is neither one of right nor one with a nexus to the real property. The movant will normally also ask for a bond in the event that the judge does find a nexus exists.
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.