Nebraska Lis Pendens Notice in Connection with Action to Foreclose

State:
Multi-State
Control #:
US-01458BG
Format:
Word; 
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Description

Lis pendens means "a suit pending". A lis pendens is a written notice that a lawsuit has been filed involving the title to real property or some interest in that real property. Notice to the defendant who owns the property and potential buyers or financiers is given by filing the lis pendens with the clerk of the court, certifying that it has been filed, and then recording it with the County Recorder. The lis pendens must include a legal description of the real property, and the lawsuit must involve the property.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

A notice of pendency (also known as a lis pendens) is a written notice of a judicial proceeding that affects the ownership of property. A notice of pendency is most common in cases relating to real property and is typically filed in the public registry of the county where the affected real property is located.

The lis pendens statute is a specific statute that controls over section 25-323, which is the more general statute requiring the joinder of necessary and indispensable parties. Wilkinson Development v. Ford & Ford Investments, 311 Neb. 476, 973 N.W.

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.

Per the Colorado statute authorizing the recording of a notice of lis pendens, the recorded document ?shall be notice to any person thereafter acquiring ? an interest in the real property described in the notice ? that such interest ? may be affected by the action described in the notice.?

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.

Under section 25-531 of the Nebraska Revised Statutes, a notice of lis pendens provides ?constructive notice? to any person intending to purchase the subject property. It alerts prospective purchasers to the property dispute and offers them an opportunity to defend their interests therein.

What You Should Do About a Lis Pendens on Your Property. If you have a lis pendens on your property, you need to contact an attorney as soon as possible. A Motion to Expunge should be filed as soon as possible. If you aren't sure about the details of the action filed, you can request information from the court clerk.

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Nebraska Lis Pendens Notice in Connection with Action to Foreclose