Montana Lis Pendens Notice
Description
How to fill out Lis Pendens Notice?
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FAQ
Pending Litigation means a proceeding in a court of law whose activity is in progress but not yet completed.
Rule 10 ? Death or Removal of Attorney. (c) Such notice may be by personal service or by certified mail to said party's last known address. (d) If said party does not appoint another attorney or appear in person within twenty-one days of the serve or mailing of said notice, the action may proceed to judgment.
Lis Pendens (Notice of Pending Action) Latin for "pending litigation or action." A notice recorded for the purpose of warning all persons that the title or right to possession of the described real property is in litigation.
Latin for "a suit pending," a written notice that a lawsuit has been filed which concerns the title to real property or some interest in that real property. The lis pendens (or notice of pending action) is filed with the clerk of the court, certified that it has been filed, and then recorded with the County Recorder.
The lis pendens, when recorded, is a notice warning all prospective buyers or encumbrances that title to or possession of the real estate is in dispute. PRESERVATION OF TITLE. The purpose of a recorded lis pendens is to preserve rights to the real estate until the dispute with the owner is resolved.
The local attorney must file a notice of appearance in the case in which you seek to appear. This notice of appearance informs the court that you are making an application to the Montana Bar to appear pro hac vice. The Montana court rule requires local counsel to be at least minimally involved in the case.
How long does a judgment lien last in Montana? A judgment lien in Montana will remain attached to the debtor's property (even if the property changes hands) for ten years.
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.
