Release Of Lis Pendens Form For The Foreclosure Process In Salt Lake

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

Description

Lis Pendens means "a suit pending". A lis pendens is a written notice that a lawsuit has been filed involving the title to real property or some interest in that real property. Notice to the defendant who owns the property and potential buyers or lenders is given by filing the lis pendens with the clerk of the court, certifying that it has been filed, and then recording it with the County Recorder. The lis pendens must include a legal description of the real property, and the lawsuit must involve the property. A person who records a false lis pendens will be subject to the penalty of payment of attorney's fees. A petition to remove the lis pendens from real property may be brought by the defendant when the property is not involved in the lawsuit.

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FAQ

The entire foreclosure process in Utah takes about 7 months to complete. You first need to be 90 days late in your payments before a notice of default is recorded. That recording is serving another 3 month notice. And finally, a 3 week notice is given that a home will be sold at auction.

Initial, a claim must be documented that will decide the privilege to possess as well as have land. Second, one of the gatherings to the claim (more often than not a gathering's lawyer) will set up a composed lis pendens and document the lis pendens with the court.

Expunging a Lis Pendens This can happen if the party believes that the lis pendens was improperly filed or if the underlying lawsuit has been resolved. Court Hearing: If a party seeks expungement, the court will conduct a hearing to determine whether the lis pendens should be canceled.

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.

DEED IN LIEU OF FORECLOSURE - To avoid foreclosure when you know you will be unable to make your payments, you may consider handing over your deed to the lender. This is also called voluntary repossession. It means you are giving your house back to the lender.

Who Suffers the Most in Foreclosure? Homeowners suffer the most in foreclosure because they lose the home that they live in as well as take a huge financial loss due to the foreclosure.

Get in touch with your lender as soon as you realize you may be in trouble. Lenders would rather have a paying customer than an empty house on their hands. Filing for bankruptcy or a lawsuit can slow or stop the foreclosure process, but start by contacting your lender.

A non judicial foreclosure in Utah can be completed in about 4 months if it is not contested by the borrower. The time frame for a judicial foreclosure depends on the court's schedule and the rulings of the court.

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Release Of Lis Pendens Form For The Foreclosure Process In Salt Lake