Arkansas Lis Pendens Notice in Connection with Action to Foreclose

State:
Multi-State
Control #:
US-01458BG
Format:
Word; 
Rich Text
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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 financiers 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.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Arkansas allows for a period of redemption in certain circumstances. If the property was foreclosed through the judicial foreclosure procedures then the borrower has one year to redeem the property. However, if the property was foreclosed in a non judicial foreclosure then there is no borrower right of redemption.

Stop the foreclosure by paying off the overdue payments and bring the loan current. pay off the loan to prevent a sale. file for bankruptcy, and. get any excess money after a foreclosure sale.

Arkansas is not a judicial foreclosure state, which means that in order to foreclose on a property, a mortgage holder doesn't have to take you to court through the legal process. Instead, lenders can provide the required notices to a homeowner and begin foreclosure proceedings without going through a judge.

Once officially started, a foreclosure in Arkansas usually takes only a few months to complete. Fortunately, most homeowners in Arkansas, and all other states, are entitled to a 120-day preforeclosure period under federal law before the lender can start the process.

A ?lis pendens notice? is a notice recorded in a real property's chain of title and is designed to enable interested third parties to discover the existence and scope of pending litigation affecting the title to or asserting a mortgage, lien, security interest, or other interest in real property.

What You Should Do About a Lis Pendens on Your Property. If you have a lis pendens on your property, you need to contact an attorney as soon as possible. A Motion to Expunge should be filed as soon as possible. If you aren't sure about the details of the action filed, you can request information from the court clerk.

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.

Latin for "a suit pending," a written notice that a lawsuit has been filed which concerns the title to real property or some interest in that real property. The lis pendens (or notice of pending action) is filed with the clerk of the court, certified that it has been filed, and then recorded with the County Recorder.

120 days after your missed payment, the bank can begin the formal foreclosure process. There are two types of foreclosure in Arkansas: judicial and non-judicial.

In general, lis pendens is Latin for ?suit pending.? It is used in several contexts: ?Lis pendens? is construed to be the jurisdiction, power, or control which courts acquire over property involved in a suit, pending the continuance of the action, and until final judgment.

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Arkansas Lis Pendens Notice in Connection with Action to Foreclose