How do I file a notice of Lis Pendens in Florida?

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.

US Legal Forms
Release of Lis Pendens

Form Lis Pendens Foreclosure Florida In San Jose

Category:

Real Estate - Lis Pendens

State:

Multi-State

City:

San Jose

Control #:

US-00403BG

Format:

Instant download

Description

The Form Lis Pendens Foreclosure Florida in San Jose is a necessary document used to formally notify interested parties of a pending legal action regarding real property. This form serves as a public record, indicating that a foreclosure lawsuit has been filed and that the property is subject to potential liens or claims. Key features include sections for identifying the property, the parties involved, and the specific clerk's office where the form is recorded. Filling out the form requires accurate information regarding the legal case and relevant property details. Editing instructions emphasize the importance of ensuring all information is correct before submission to avoid complications in the legal process. This form is particularly useful for attorneys handling foreclosure cases, partners in real estate ventures, property owners undergoing foreclosure, associates, paralegals, and legal assistants involved in real estate law. By using this form, legal professionals can effectively communicate the status of foreclosures, protect their clients’ interests, and fulfill legal requirements essential for the foreclosure process.

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FAQ

(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 ...

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.

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 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.

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.

But a wrongful lis pendens is still recorded in the public records and affects the title to the property for a time. So in order to get rid of a wrongful lis pendens the defendant in the lawsuit must file a motion to dissolve the lis pendens and bring that before the judge in a hearing.

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.

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.