Maryland 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

The lender or mortgage servicer mails a Notice of Intent to Foreclose (NOI) to the homeowner after the first missed payment or other contractual default on a mortgage. The NOI is a warning notice that a foreclosure could be filed in court. It must be sent no less than 45 days before the foreclosure is filed.

Foreclosure sale Homeowner may file a motion to stay or dismiss under Maryland Rule 14-211 if they have a valid defense on why the lender does not have the right to foreclosure on their home. The motion to stay must be filed within 15 days after the mediation is held.

Primary tabs. 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.

Contrary to popular belief a lis pendens does not actually prevent the owner from selling the property. The titleholder can still sell the land and transfer the deed, but most title companies will not provide insurance and closing agents may not close without the lien being bonded.

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.

Answer. No, you won't be able to get the home back following the foreclosure. Some states allow foreclosed homeowners to repurchase their property after the foreclosure sale during a post-sale "redemption period," but Maryland isn't one of them.

In the order, the court shall direct the plaintiff to pay the costs and expenses incurred by the person obtaining the order, including reasonable attorney's fees, unless the court finds that the plaintiff had a good reason justifying the failure to comply.

Lis pendens is the legal property situation in Maryland where there exists ?a pending lawsuit, referring to the jurisdiction, power, or control which a court acquires over property involved in a lawsuit pending its continuance and final judgment.? (DeShields v.

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Maryland Lis Pendens Notice in Connection with Action to Foreclose