Missouri Lis Pendens Notice
Description
How to fill out Lis Pendens Notice?
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FAQ
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.
So in reality, while a lis pendens does not technically prevent a land sale, the average buyer likely will not buy the parcel. This is true because the lis pendens will prevent them from obtaining clear title and preclude them from becoming a bona fide purchaser.
The term lis pendens is Latin meaning ?suit pending.? As its Latin meaning implies, the purpose of recording a lis pendens is to give individuals searching the land records notice that a lawsuit has been filed concerning the property.
A lis pendens (?suit pending?) is a document which notifies everyone that there is a lawsuit pending regarding a given piece of real estate. The basis for a lis pendens in Missouri is codified in Missouri Statutes.
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.
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.
What is a lis pendens notice? The term ?lis pendens? is Latin for ?pending suit.? Notices of lis pendens are filed in the real property records for the purpose of notifying others?primarily, prospective purchasers of real property?that the property at issue is the subject of pending litigation.
Each Missouri summons states the date of the hearing the person is being summoned to. The summons must be delivered at least 15 days before this date and no earlier than 60 days. Then the proof must be delivered promptly afterwards to give ample time to file with the court and customers.