Arkansas Lis Pendens Notice

State:
Multi-State
Control #:
US-01067
Format:
Word; 
Rich Text
Instant download

Description

A lis pendens is a written notice of a pending lawsuit involving property. Plaintiff files this lis pendens in order to place defendant on notice that a lien is being sought to compel defendants to convey legal title to the described mineral interest based on the fact that the plaintiff has paid to purchase the interest. The form also contains a Certificate of Service stating that the attorney for the plaintiff has forwarded a correct copy of the document by U.S. Mail.
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FAQ

Tax liens are involuntary and occur when a homeowner does not pay their federal, state, or local taxes. If this happens, a tax lien is placed against your property. This lien takes priority over all other liens and stays there until the debt is completely paid.

IF BILLS FOR LABOR, SERVICES, OR MATERIALS USED TO CONSTRUCT OR PROVIDE SERVICES FOR AN IMPROVEMENT TO REAL ESTATE ARE NOT PAID IN FULL, A CONSTRUCTION LIEN MAY BE PLACED AGAINST THE PROPERTY. THIS COULD RESULT IN THE LOSS, THROUGH FORECLOSURE PROCEEDINGS, OF ALL OR PART OF YOUR REAL ESTATE BEING IMPROVED.

A lien that has priority over another lien is called a "superior" lien. A low-priority lien is called a "junior" lien. If a home has more than one lien, priority determines the lienholders' rights following a foreclosure sale.

(a) The lien provided for in this subchapter shall take precedence over, and be superior to, any mortgage or other obligation attaching against the property in all cases in which the holder of the mortgage or other obligation shall permit the property to remain in the possession of and be used by the person owing and ...

Keep in mind: In Arkansas, a creditor's ability to collect under a judgment lien will be affected by a number of factors -- including a fixed amount of value that won't be touchable if the property is the debtor's primary residence (called a homestead exemption), other liens that may be in place, and any foreclosure or ...

(a) As used in this section: (1)(A) ?Clean-up lien? means a lien securing the cost of work undertaken by a town or city to remove, abate, or eliminate a condition in violation of local codes or ordinances.

At your death, the real estate goes automatically to the person you named to inherit it (your "grantee" or "beneficiary"), without the need for probate court proceedings. (Ark. Code Ann. § 18-12-608.)

18-44-114 Preliminary Notice If delivery of the mailed notice is refused by the addressee, then the person holding the claim shall immediately mail to the owner, owners, or agent a copy of the notice by first class mail and may proceed to file his lien.

Liens generally follow the "first in time, first in right" rule, which says that whichever lien is recorded first in the land records has higher priority than later recorded liens. For example, a mortgage has priority over a judgment lien if the lender records it before the judgment creditor records its lien.

If the tenant wins, the tenant gets to remain in the home until trial. If the landlord wins, the landlord gets a ?writ of possession.? The tenant will be removed from the home by the local sheriff's department after 24 hours and the tenant's leftover property must be placed into storage until trial.

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Arkansas Lis Pendens Notice