Release Of Lis Pendens Form For The Foreclosure Process 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

RECORDING REQUIREMENTS 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.

RECORDING REQUIREMENTS Documents must be on white paper with black ink and have a 10-point minimum type size. The title or type of document must be identified on the first line of print. The property tax identification number and the commonly known address of the property should be on the document.

(iii) Is electronically, mechanically, or hand printed in 10-point type or the equivalent of 10-point type. (iv) Is legibly printed in black ink on white paper that is not less than 20-pound weight. (v) Is not less than 8-1/2 inches wide and 11 inches long or more than 8-1/2 inches wide and 14 inches long.

All property deeds, like Warranty Deeds, Quit Claim Deeds and Land Contracts, are recorded with the Wayne County Register of Deeds office ( ) located in the International Center Building, 400 Monroe Street, 7th Floor, Detroit, MI 48226 Phone:(313) 224-5850.

However, Michigan has what is known as a one-party consent law. With regard to eavesdropping, this means that only one party must give consent for the recording of their conversation. If a third-party is recording two people without their knowledge or consent, then it becomes an eavesdropping violation.

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.

In the case of a foreclosure, a Lis Pendens serves as a legal warning that a lawsuit has been filed and more importantly, it discourages a lender from completing the foreclosure because if its lien is ruled invalid or a qualified purchaser at the foreclosure auction have a sale reversed, the number of prospective ...

California Code of Civil Procedure section 405.30 allows a property owner to remove a lis pendens by bringing a “motion to expunge.” There are several bases for a motion to expunge, including: (1) the lack of a real property claim, (2) the claimant's failure to establish a “probable validity of their claim, or (3) the ...

Releasing a lis pendens in California requires that the party that signed the original lis pendens, or their successor in interest, must sign and record the notice of release of lis pendens . The signature on the notice of release of a lis pendens must be notarized.

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Release Of Lis Pendens Form For The Foreclosure Process In Wayne