Filed Lis Pendens On In Philadelphia
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FAQ
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.
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.
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.
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.
The Lis Pendens A lis pendens is a document that is filed in the public records that alerts the world that someone is asserting claim over the property. A lis pendens is not, by itself, a legal bar to purchasing the property—someone can still legally close on property with a lis pendens filed on it.
In Pennsylvania, lien searches can be conducted by reviewing public records maintained by relevant government agencies, including local Prothonotary Offices or Pennsylvania Recorder of Deeds Offices. Besides mortgages, which are filed in the latter, most liens are filed in the former.
The lien will stay in effect for five years, but can be renewed, if the debtor does not sell the property within that time period.
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.
