Filing Lis Pendens In Pa In Queens

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

Description

The document titled "Release of Lis Pendens" is designed to officially cancel a previously recorded lis pendens in Queens, Pennsylvania. This form is crucial for legal practitioners as it allows for the removal of a notice that a lawsuit involving a property is pending, thereby clearing the title for future transactions. Users must fill in details such as the specific clerk's office, city, and county information where the original lis pendens was recorded, along with the book and page numbers corresponding to the record. The form requires a signature and an acknowledgment to validate the release. Attorneys, partners, and others in the legal field will find this form useful when closing cases or resolving disputes where property interests are involved. It is pivotal in ensuring that the title is marketable again, thus facilitating sales or refinancing. Paralegals and legal assistants are advised to pay careful attention to the accuracy of the details entered, as erroneous information can lead to further legal complications. Overall, this form serves to uphold property rights and ensure clarity in property ownership.

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FAQ

In a case specified in section 6501, the notice of pendency shall be filed in the office of the clerk of any county where property affected is situated, before or after service of summons and at any time prior to judgment.

The following parties are entitled to mechanics lien rights in New York: direct contractors, subcontractors, material suppliers, equipment lessors, laborers, design professionals, and landscape gardeners who performs labor or furnishes materials for the improvement of real property.

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.

If you are selling a property that is subject to a lis pendens, you must disclose this fact to potential buyers. Failure to do so could result in legal liability. Additionally, a lis pendens can make it difficult to sell a property as it may deter potential buyers who do not want to become involved in a legal dispute.

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.

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Filing Lis Pendens In Pa In Queens