Michigan Discharge of Lis Pendens
Description
Definition and meaning
The Michigan Discharge of Lis Pendens is a legal document that terminates a previously filed notice of lis pendens. A lis pendens is a recorded notice that alerts interested parties of pending litigation affecting the title to a property. By filing a discharge, the party indicates that the legal action has been resolved or that the notice is no longer necessary.
Who should use this form
This form is primarily used by parties involved in real estate disputes or litigation in Michigan. If you have previously filed a notice of lis pendens and the underlying legal matter has concluded, you should consider using this form to formally discharge the lis pendens. This may apply to plaintiffs or defendants in civil cases affecting property rights.
How to complete a form
To properly complete the Michigan Discharge of Lis Pendens form, follow these steps:
- Provide the names of the parties involved in the case, indicating the plaintiff and defendant.
- Specify the case number associated with the original litigation.
- Include the date and details of the original lis pendens notice you are discharging.
- Sign the form and provide the name and contact information of the attorney, if applicable.
Ensure that all information entered is accurate and clearly written to avoid any issues during processing.
Key components of the form
The Michigan Discharge of Lis Pendens includes several essential components:
- Parties Involved: Lists the names of the plaintiff and defendant.
- Case Number: Identifies the associated court case.
- Date of Original Notice: Indicates when the original lis pendens was filed.
- Signature: Requires the signature of the party discharging the lis pendens or their attorney.
These elements ensure the form complies with legal requirements and effectively communicates the discharge.
Legal use and context
The discharge of a lis pendens is a crucial step in real estate litigation as it removes the cloud on the title that the notice created. When a lis pendens is filed, it serves as a warning that the property is involved in litigation, which can inhibit the sale or transfer of the property. Once the underlying issue is resolved, filing the discharge is essential to restoring the property’s marketability.
What to expect during notarization or witnessing
When completing the Michigan Discharge of Lis Pendens, you will need to have the document notarized to establish its authenticity. During this process:
- Provide valid identification to the notary public.
- Sign the document in the presence of the notary.
- Ensure the notary completes their section, including their signature, seal, and commission details.
This step is critical for the enforceability of the discharge in any future legal proceedings.
How to fill out Michigan Discharge Of Lis Pendens?
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FAQ
A Lis Pendens Can be Removed, Foreclosed or Expunged, Even if it was Validly Recorded. Under California law, a lis pendens may be expunged by filing a motion with the court based upon a showing that: the claimant has not made a real property claim in their underlying lawsuit, or.
A lis pendens may be removed through a motion to expunge. A motion to expunge may be granted if the underlying lawsuit or other court action does not contain a real property claim that has probable validity. The motion will be granted it if is more likely than not that the underlying lawsuit or claim will fail.
Once the lis pendens is filed, it will become part of the public record because it is a constructive notice. This also means that if you didn't receive notification directly (perhaps you were sent a letter that got lost in the mail), the lis pendens still remains in effect.
A lis pendens may be removed through a motion to expunge. A motion to expunge may be granted if the underlying lawsuit or other court action does not contain a real property claim that has probable validity. The motion will be granted it if is more likely than not that the underlying lawsuit or claim will fail.
Releasing a lis pendens in California requires that the party that signed the original lis pendens, or their successor in interest, must sign and record the notice of release of lis pendens . The signature on the notice of release of a lis pendens must be notarized.
Lis Pendens is Latin for "Suit Pending". It means someone has a claim, valid or not against the property in question or its owner, and filed a notice in the public records. Release means there is a cancellation which has been filed, cancelling or negating the lien or lis pendens notice.
How long does a lis pendens last? The amount of time a lis pendens lasts depends on the state you live in and can vary from months up to a year. If you intend to file a lis pendens, or have one filed against you, make sure you speak with a lawyer to determine the time frame based on your state.