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Indiana Notice of Lis Pendens in Action to Quiet Title by Person Claiming Title by Adverse Possession - Squatters Rights

Category:
Real Estate - Lis Pendens
State:
Multi-State
Control #:
US-01097BG
Format:
Word; 
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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.


Adverse possession is a means by which someone may acquire title to the land of another through certain acts over a defined period of time. Such acts must continue uninterrupted for the time period defined by state laws, which vary by state.


This form 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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  • Preview Notice of Lis Pendens in Action to Quiet Title by Person Claiming Title by Adverse Possession - Squatters Rights
  • Preview Notice of Lis Pendens in Action to Quiet Title by Person Claiming Title by Adverse Possession - Squatters Rights

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FAQ

Lis Pendens is the Latin phrase for pending litigation. More commonly, a lis pendens is referred to as a ?notice of pending action.? Persons who buy or lend on the real estate after a lis pendens has been recorded take the property subject to the claimant's right, if any, to the real estate.

(1) The plaintiff asserts title to the real estate that is the subject of the proceeding against all other persons. (2) The purpose of the proceeding is to quiet the title to the real estate. (3) The plaintiff has named as defendants all persons whom the party knows may have a claim to or interest in the real estate.

Adverse possession is one possible theory of ownership that might be asserted within a quiet title action. Adverse possession is one of the only ways to obtain ownership of property other than deed or inheritance.

Special Requirements for Bringing a Quiet Title Action in California Description of the issue property. Title of the Plaintiff that requires determination. Adverse claims to the title held by the Plaintiff. Date as of which the quiet title determination is sought.

Lis Pendens (Notice of Pending Action) Latin for "pending litigation or action." A notice recorded for the purpose of warning all persons that the title or right to possession of the described real property is in litigation.

Lis pendens provides constructive notice, or a warning, to prospective homebuyers that the ownership of a property is in dispute and litigation is pending. Lis pendens can only be filed if a claim is related specifically to the property.

32-30-1-1, a lis pendens notice is a public record and is filed with the Clerk of the Circuit Court of a county in which the affected real estate is located. The Clerk is required to maintain a lis pendens record in either hard copy form or electronic form.

(c) The court shall order the notice of lis pendens expunged if the court determines that: (1) the pleading on which the notice is based does not contain a real property claim; (2) the claimant fails to establish by a preponderance of the evidence the probable validity of the real property claim; or (3) the person who ...

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