Mississippi Lis Pendens Notice

State:
Mississippi
Control #:
MS-60994
Format:
Word; 
Rich Text
Instant download

What this document covers

A Lis Pendens Notice is a legal document used to inform the public that a lawsuit is pending regarding a specific property, indicating that there is an encumbrance affecting that property. This form serves to protect the interests of parties involved by making third parties aware of potential claims against the property. Unlike other real estate documents, a Lis Pendens Notice acts as a warning to potential buyers or lenders about possible legal issues that could affect their rights in the future.

What’s included in this form

  • Identification of the parties involved in the lawsuit
  • Description of the subject property, including its address or parcel number
  • Reference to the specific legal action being undertaken
  • Signatures of the relevant parties filing the notice
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When to use this form

You should use a Lis Pendens Notice when you are initiating or are involved in a legal dispute regarding real estate. This form is applicable in cases such as foreclosure actions, disputes over property ownership, or claims related to easements. Filing a Lis Pendens Notice ensures that all parties interested in the property are aware of the legal proceedings, and it helps prevent the property from being sold or mortgaged without notice of the pending claim.

Who can use this document

  • Property owners involved in a legal dispute
  • Attorneys representing clients in real estate matters
  • Creditors seeking to protect their interests in pending litigation over property

Instructions for completing this form

  • Identify the parties involved by including their names and addresses.
  • Specify the property by providing its full address or legal description.
  • Enter details about the lawsuit, including the case number and court information.
  • Obtain necessary signatures from all parties involved in the legal action.
  • File the completed notice with the appropriate court and notify the involved parties.

Notarization guidance

This document requires notarization to meet legal standards. US Legal Forms provides secure online notarization powered by Notarize, allowing you to complete the process through a verified video call, available 24/7.

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We protect your documents and personal data by following strict security and privacy standards.

Typical mistakes to avoid

  • Failing to include a complete and accurate legal description of the property.
  • Not properly identifying all parties involved in the lawsuit.
  • Neglecting to file the notice with the correct court.

Benefits of using this form online

  • Instant access to the latest legal templates drafted by licensed attorneys.
  • Convenient editing options to customize the form to your specific needs.
  • Secure storage of completed files for future reference and use.

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FAQ

The recording of a lis pendens creates a cloud on title which notifies interested parties of the pending claims against the subject property. The presence of a recorded lis pendens can make it nearly impossible to finance, refinance or sell the subject property until the lis pendens has been removed.

The doctrine of lis pendens literally means pending suit, and lis pendens notices are the machinery whereby a party with an unrecorded or unperfected claim to real property can put third persons interested in the property on notice of the claim or interest.

The lis pendens can be removed once the lawsuit is settled and the court has ruled on an outcome. It might also be resolved on its own if an agreement is reached between the title owner and whoever filed the complaint. If the claim was wrongfully filed, the lis pendens will be expunged.

Lis pendens provides constructive notice, or a warning, to prospective homebuyers that the ownership of a property is in dispute and there is litigation pending. Lis pendens can only be filed if a claim is related specifically to the property.

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Mississippi Lis Pendens Notice