File Notice Lis Pendens Without Notice In Philadelphia

State:
Multi-State
County:
Philadelphia
Control #:
US-00403BG
Format:
Word
Instant download

Description

The form 'Release of Lis Pendens' is designed for users who need to formally cancel a Lis Pendens that has been recorded in Philadelphia. This legal document acknowledges the receipt and sufficiency of valuable consideration for the release of the notice, which affects property interests. For attorneys, partners, and legal professionals, this form is essential for maintaining accurate property records and ensuring that clients' interests are protected by removing any encumbrances. When filling out the form, users must provide details such as the location of the original Lis Pendens and the date of the release. It's vital to sign the document and include any necessary acknowledgments to ensure it is valid. Paralegals and legal assistants should pay close attention to jurisdictional requirements to avoid complications. The form's utility extends to property owners and associates looking to clear their property titles in preparation for sale or refinancing. Ultimately, this form facilitates smoother transactions and clearer property rights in legal contexts.

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If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.

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FAQ

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.

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.

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.

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.

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File Notice Lis Pendens Without Notice In Philadelphia