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.
A Li's Pendent Notice in Connection with Action to Foreclose is a legal document that indicates there is a pending lawsuit involving a property in Hawaii. It serves as a public notice to inform potential buyers, lenders, and interested parties that the property's ownership is being disputed and may be subject to foreclosure proceedings. When a Li's Pendent Notice is filed, it becomes part of the property's official records, making it essential for anyone looking to purchase or finance the property to be aware of the pending legal action. This notice advises caution and encourages interested parties to conduct further due diligence before engaging in any transactions related to the property. In Hawaii, there are primarily two types of Li's Pendent Notices in Connection with Action to Foreclose: 1. Li's Pendent Notice — Judicial Foreclosure: This type of notice is filed when a mortgage lender or lien holder initiates a lawsuit in court to initiate the foreclosure process. The Li's Pendent Notice is filed simultaneously with the foreclosure lawsuit, and it remains on record until the case is resolved. 2. Li's Pendent Notice — Non-Judicial Foreclosure: In Hawaii, non-judicial foreclosures are allowed under certain circumstances, typically when the mortgage or deed of trust includes a power of sale clause. In such cases, the lender must file a Li's Pendent Notice at least twenty-one days before the intended date of the non-judicial foreclosure sale. This notice alerts interested parties that the property is at risk of being sold at a public auction. Keywords: Hawaii, Li's Pendent Notice, Action to Foreclose, foreclosure proceedings, pending lawsuit, public notice, disputed ownership, foreclosure sale, non-judicial foreclosure, judicial foreclosure.
