Nebraska Notice of Lis Pendens
Description
Definition and meaning
The Nebraska Notice of Lis Pendens is a legal document that provides notice to the public regarding the existence of a lawsuit affecting specific real estate. This notice informs potential buyers or interested parties that the property is subject to litigation, thereby protecting the interests of the party who filed the lawsuit.
How to complete a form
To complete the Nebraska Notice of Lis Pendens, follow these steps:
- Fill in the date when the complaint was filed in the District Court.
- Specify the name of the Plaintiff.
- Indicate the name of the Defendant.
- Describe the real estate involved, including its address.
- Note the principal balance due on the Deed of Trust.
- Include the date the Deed of Trust was given.
- Sign the document as the Plaintiff and have it notarized.
Who should use this form
This form should be used by a Plaintiff who has filed a complaint in the District Court regarding a real estate matter, such as foreclosure. It serves to alert other parties that the property is involved in legal proceedings, ensuring that any interests in the property are properly understood before any transactions occur.
Legal use and context
The Nebraska Notice of Lis Pendens is typically filed in legal situations where a party seeks to foreclose on a property. By filing this notice, the Plaintiff seeks to protect their claim against the property and inform any prospective buyers that the property is under litigation, thus impacting their decision to invest in it.
Common mistakes to avoid when using this form
When completing the Nebraska Notice of Lis Pendens, users should avoid the following common mistakes:
- Failing to include all necessary information, such as the names of parties and property details.
- Not having the document notarized, which can invalidate the notice.
- Submitting the form late, missing required filing deadlines related to the lawsuit.
What documents you may need alongside this one
When filing the Nebraska Notice of Lis Pendens, you may also need:
- The original complaint filed in the District Court.
- Supporting documentation regarding the Deed of Trust.
- Any prior notices or correspondence relevant to the case.
Key takeaways
The Nebraska Notice of Lis Pendens is a crucial legal document that alerts interested parties about ongoing litigation involving real estate. It is important to complete the form accurately, avoid common pitfalls during submission, and gather necessary accompanying documents to support the filing.
How to fill out Nebraska Notice Of Lis Pendens?
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FAQ
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.
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.
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.
Lenders are usually unwilling to finance a mortgage until the lis pendens has been removed from the title. In addition, while a property can still be sold while there is a lis pendens, title companies will not insure the property, and that alone should be a deterrent to purchasing.
How long it takes for your home to foreclose once you receive notice of lis pendens will depend on the state. In California, it might take a minimum of 120 days, and 180 days in Florida, while in New York it can take as long as 15 months after the notice is filed.
