Release Of Lis Pendens Form For Florida In Pima

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

Description

The Release of Lis Pendens form for Florida in Pima is a legal document used to officially cancel a previously recorded lis pendens. A lis pendens is a notice of a pending lawsuit that affects the title to real estate, and this form serves as a way to remove that notice when it is no longer necessary. Key features of the form include the need for acknowledgment of valuable consideration, a request to the Clerk or Recorder's office to cancel the record, and spaces for necessary information such as the date, signature, and specific details of the original lis pendens. To fill out the form, users should provide their personal information, the city and county where the lis pendens was recorded, and identify the record book and page number. This form is essential for attorneys, partners, owners, associates, paralegals, and legal assistants involved in real estate transactions or litigation, as it allows them to manage the legal status of property effectively. Its proper use ensures that the public record reflects the current legal standing of the property, which can protect the interests of all parties involved. Completing this form correctly is vital to avoid potential legal disputes related to property ownership.

Form popularity

FAQ

A lis pendens can be challenged if it is not “founded on a duly recorded instrument.” When a pending pleading does not show that an action is “founded on a duly recorded instrument,” a court may control and discharge the recorded notice of lis pendens.

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.

(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 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.

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.

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.

A lis pendens notice will be recorded in the county public records, and a copy of the notice will be sent to the property owner.

(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 ...

Trusted and secure by over 3 million people of the world’s leading companies

Release Of Lis Pendens Form For Florida In Pima