Kentucky Lis Pendens Notice in Connection with Action to Foreclose

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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

This is basically a document telling you that the lender will foreclose on your property if you do not take action to stop it. Ignoring it will only lead to further legal trouble, and it could prevent you from being able to negotiate with the lender to find a solution that allows you to keep your home.

LIS PENDENS It is a written notice that a lawsuit is pending with regard to the land in question. An order for Lis Pendens may be granted by the Court pursuant to section 25(2) para 6 of Schedule 1, COJA 1964. It is operative as a restraint dealing under English real property law.

In Kentucky, foreclosures go through a judicial process, meaning foreclosures are handled by the courts. When it is determined that a borrower is in default on a loan, the lender files a foreclosure suit with the circuit court.

The party seeking to dissolve the lis pendens must file a motion defining why the lis pendens is neither one of right nor one with a nexus to the real property. The movant will normally also ask for a bond in the event that the judge does find a nexus exists.

As its translation indicates, the purpose of a lis pendens is to give notice to a third-person (typically a potential buyer) that a certain parcel of real estate is subject to a pending lawsuit and that any interest a buyer acquires in that real estate will be subject to the result of the pending legal action.

How Can You Stop a Foreclosure in Kentucky? Reinstating the loan, redeeming the property before or after the sale, or filing for bankruptcy are all options for stopping a foreclosure. Of course, if you can work out a loss mitigation plan, such as a loan modification, you can avoid foreclosure.

The lis pendens in the public records connects to the deed and notifies the world of the lawsuit that affects the property. So the lis pendens is really just an efficient and effective was to connect the clerks lawsuit file with the public records.

Lis pendens means a pending suit. The lis pendens notice is filed on the public record for the purpose of warning all persons that the title to certain property is in litigation and that they are in danger of being bound by adverse judgment.

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Kentucky Lis Pendens Notice in Connection with Action to Foreclose