Release Lis Pendens Form With Two Points In Wayne

State:
Multi-State
County:
Wayne
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 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.

More info

The Office of Wayne County Register of Deeds records various types of documents, mostly relating to interests and transfers of property. Wayne County Lis Pendens Discharge Form.Fill in the blank form formatted to comply with all recording and content requirements. WITNESS, my hand and seal this ______ day of ______, 20___. Title to land unless a notice of lis pendens is filed in the office of the Recorder or Register of Deeds. Next, provide a description of the real estate involved in the suit. Lis Pendens literally means "suit pending" it is defined as the "jurisdiction, power, or control which courts acquire over property involved in a pending suit.

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Release Lis Pendens Form With Two Points In Wayne