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.
After a Lis Pendens is filed, it becomes part of the public record, warning anyone interested in the property that it is involved in a legal dispute. The property owner may challenge the Lis Pendens in court, seeking to have it removed if it was improperly filed.
Lis pendens is a formal notice that there is a pending action, or lawsuit, that could affect the title of the property. However, it serves an even bigger purpose. When a lis pendens is filed, any future transfers of the property are affected by the pending action if it were to be awarded.
Ing to Florida Statute Section 48.23, a lis pendens must have a caption with the names of all the parties, the date of the action, description of the property and statement of the relief being sought. There is a Supreme Court approved form, and it should be used.
"Any person who wishes to file a Mechanic's Lien shall make and file for record in the office of the county recorder in the counties in which the improved property is located, an affidavit showing the amount due over and above all legal setoffs, a description of the property to be charged with the lien, the name and ...
The filing and releasing of a Notice of Lis Pendens (certified copy) should be filed with the Recorder's Office of the county where the property resides. 1. Real estate must be located within this judicial district unless the Court otherwise orders.
State of Michigan Recording Requirements 1. Signatures must be original; and names must be typed or printed beneath signatures. 2. No discrepancy shall exist between names printed in the notary acknowledgment and as printed beneath signatures.
Documents executed in Michigan which convey or encumber real estate require a notary's acknowledgment. Documents must be on 8.5" x 11" or 8.5" x 14" paper and must have a 2.5" top margin for the first page, and a minimum 0.5" margin on the other three sides of all pages.
The deed must contain all the required elements, including the name of the parties involved, the description of the property, and other important information. There is more than one type of deed in Michigan, with each having a different kind of guarantee it provides to the parties involved in the property transfer.
There are three (3) convenient ways to retrieve a document from our extensive files: Visit waynecountylandrecords - available 24 hours a day. Visit our office in historic Greektown (kiosks are now only available to be used from am - pm) Request a Search-by-Mail.