File A Lis Pendens On Property In Pennsylvania
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Requirements for Liens in Pennsylvania For mechanics' liens, contractors, subcontractors, and suppliers must typically follow specific procedures to file a lien. This may include providing notice to the property owner, filing a lien claim with the appropriate county office, and adhering to strict deadlines for filing.
The notice is typically filed with the clerk (prothonotary) in the county land records office and alerts prospective purchasers and lenders that the property's title is in question.
After the action is resolved, the attorney for the plaintiff should file a praecipe to remove the lis pendens and resulting cloud on title. Note that if a defendant believes a lis pendens has been filed improperly, it may make a motion with the court to have it stricken.
Lien Claim—All claimants must file a Lien Claim in the prothonotary's (court clerk's) office within six months of last work and serve notice of the lien claim on owner within one month after that. An affidavit of service then must be filed with the court within 20 days after service of the written notice on the owner.
Implications of Liens This means that property owners may be unable to sell or refinance their property until the lien is resolved. Additionally, liens can affect the priority of creditors' claims against the property. In Pennsylvania, liens are generally prioritized based on the order in which they are recorded.
The most common forms of liens on a home include tax liens, mechanic's liens, and judgment liens. A tax lien can lead to a sheriff's sale of the property.
CONTRACTOR, FIRST- OR SECOND-TIER SUB OR SUPPLIER ONLY. NOTE: No claim against tenant can be enforced against owner unless owner signs statement showing that improvements are for owner's immediate benefit and use.
To file a lis pendens, the party filing must have or show one of two things: That there is a recorded instrument, usually some mortgage or encumbrance, or perhaps something related to a construction mechanics lien—that potentially provides the filer the right to the property on or in the document.
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.
How Long Does a Lis Pendens Last in Pennsylvania? Under Pennsylvania law, a Lis Pendens typically remains recorded for a period of fifteen years. This duration provides adequate notice to interested parties about ongoing litigation or other legal actions involving the real property.
