Michigan Lis Pendens Notice

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Multi-State
Control #:
US-01067
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Word; 
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Description

A lis pendens is a written notice of a pending lawsuit involving property. Plaintiff files this lis pendens in order to place defendant on notice that a lien is being sought to compel defendants to convey legal title to the described mineral interest based on the fact that the plaintiff has paid to purchase the interest. The form also contains a Certificate of Service stating that the attorney for the plaintiff has forwarded a correct copy of the document by U.S. Mail.
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FAQ

There is no specific time frame for how long a lis pendens is valid. Rather, a lis pendens is valid until it is expunged or the underlying case is resolved. If not expunged, a lis pendens is often removed as part of a settlement agreement reached between the parties.

By stevejedinak | | Property Law | A notice of lis pendens is a legal document recorded in the chain of title to real property at the local register of deeds that gives notice to everyone that said property is the subject matter of a lawsuit.

A ?lis pendens notice? is a notice recorded in a real property's chain of title and is designed to enable interested third parties to discover the existence and scope of pending litigation affecting the title to or asserting a mortgage, lien, security interest, or other interest in real property.

A Release of Lis Pendens is a counterclaim wherein it provides recourse for defendants pursuing to sell a property. The Release of Lis Pendens Surety Bond ensures to cover the cost of the Lis Pendens to release the property back to the defendant.

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 is the first filing made during the foreclosure process. Barron's Dictionary of Real Estate Terms defines Lis Pendens as Latin for "suit pending". Lis Pendens filings are made against properties for various reasons.

Once the lis pendens is recorded with the County Recorder in the county in which the real estate is located, all persons who thereafter deal with the property are bound by all past and future rulings of the court in the subject litigation. By comparison, a lis pendens is a little bit like a first trust deed.

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.

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Michigan Lis Pendens Notice