Delaware Lis Pendens Notice in Connection with Action to Foreclose

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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.

Delaware Li's Pendent Notice in Connection with Action to Foreclose is a legal document that serves as a formal public notice regarding a pending foreclosure action on a property located in Delaware. The purpose of the notice is to inform interested parties, such as potential buyers or creditors, about the ongoing legal proceedings and claims against the property. A Li's Pendent Notice is typically filed in the county where the property is situated and is recorded in the public land records. This notice acts as a warning, alerting any potential buyers or creditors that there is a pending lawsuit against the property and that the outcome of the legal action could affect the property's title or ownership rights. By filing a Li's Pendent Notice, the person or entity initiating the foreclosure action ensures that any subsequent interests or transactions involving the property are subject to the outcome of the foreclosure proceedings. It aims to protect the rights of all parties involved and prevents any new conveyances or encumbrances on the property from taking place during the litigation process. In Delaware, there are several types of Li's Pendent Notices that may be filed in connection with an action to foreclose, including: 1. Li's Pendent Notice to Foreclose Mortgage: This notice is filed by a mortgage lender seeking to foreclose on a property due to the borrower's default on the mortgage payments. 2. Li's Pendent Notice to Foreclose Mechanics' Lien: This notice is filed by a contractor, subcontractor, or supplier who has not been paid for work or materials provided to the property. It signals their intent to pursue a foreclosure action to recover the unpaid amount. 3. Li's Pendent Notice to Foreclose Tax Lien: This notice is filed by the government or other taxing authority to initiate a foreclosure action against a property with unpaid property taxes, with the aim of recovering the delinquent tax amount. It is important to note that a Li's Pendent Notice does not automatically guarantee the success of a foreclosure action. It serves as a legal notice to inform interested parties of the ongoing litigation and allow them to exercise their rights, if any, during the foreclosure process. In conclusion, Delaware Li's Pendent Notice in Connection with Action to Foreclose is a vital legal document that notifies interested parties about pending foreclosure proceedings. It helps protect the rights of all parties involved and ensures that any subsequent transactions or encumbrances on the property are subject to the outcome of the foreclosure action.

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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.

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.

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.

Use a deed in lieu of foreclosure to document an agreement between borrower and lender where the borrower voluntarily gives back a property. A Deed in Lieu of Foreclosure benefits a mortgage borrower because he or she can avoid foreclosure by voluntarily turning the property over to the lender.

Pending Litigation means a proceeding in a court of law whose activity is in progress but not yet completed.

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.

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(2) To enforce a mechanic's lien or to foreclose upon a mortgage at law, which actions shall continue to be governed by the notice procedures of this Code ... The Court, upon motion, supported by affidavit(s), of any party aggrieved, may direct any Recorder of Deeds to cancel a notice of pendency If the Court ...(b) No notice of pendency shall be filed under this chapter: (1) On a claim relating to real estate which, if sustained, would entitle the party to recovery ... Nov 11, 2021 — It puts the public on notice that a lawsuit is pending and clouds the title so the property can't easily be sold. Lenders commonly record a lis ... Dec 15, 2020 — “Lis pendens” is Latin for “suit pending.” It is a written notice that there has been a lawsuit filed in connection with a piece of real estate. Recording the lis pendens gives notice to all interested parties, such as prospective purchasers and lenders, and establishes a priority for the later interest ... Sep 14, 2022 — To file and record a lis pendens against real estate, the claimant must have made a “real property claim” in the underlying litigation.[2] A “ ... Lis Pendens filings are the first indication of a foreclosure filing. The owner ... A notice of lis pendens is filed on public records for the purpose of warning ... Anyone can file a lis pendens against real property without a bond, however if the ... the selling/buying process, will be notified of the lis pendens action. by JG Levy · Cited by 18 — Although lis pendens statutes vary a great deal, most contain at least three requirements: the complaint must raise the issue of in- terest in or title to real ...

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Delaware Lis Pendens Notice in Connection with Action to Foreclose