Filing A Lis Pendens In Florida In Phoenix
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Online via an Official Records portal: Most Florida circuit clerk offices provide an Official Records Search portal on their websites, which interested persons can access to find liens on a property, including tax liens registered by taxing authorities.
How to File a Notice of Lis Pendens Name of the parties. Date of the institution of the action, the date of the clerk's electronic receipt, or the case number of the action. The name of the court in which it is pending. A description of the property involved or to be affected.
To properly file a lis pendens in connection with such litigation, the plaintiff must show in its pending pleading that the lawsuit is “founded on a duly recorded instrument,” which is a document such as a deed or mortgage recorded in the public records where the property is located. Fla. Stat. § 48.23(3).
(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 lis pendens of right is based on a recorded lien or other recorded instrument. A mortgage is a good example. It is recorded in the official or public records of the county where the property is located.
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.
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”.
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.
So in reality, while a lis pendens does not technically prevent a land sale, the average buyer likely will not buy the parcel. This is true because the lis pendens will prevent them from obtaining clear title and preclude them from becoming a bona fide purchaser.
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.
