Nebraska Lis Pendens Notice in Connection with Action to Foreclose

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US-01458BG
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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.

Nebraska Li's Pendent Notice in Connection with Action to Foreclose serves as a crucial legal document informing parties involved about an ongoing foreclosure action. This notice is typically filed with the county recorder's office where the property is located, allowing interested parties to become aware of the pending foreclosure litigation against the property and any claim that others may have on the property. The Nebraska Li's Pendent Notice is an official notice that provides public disclosure and puts potential buyers, lenders, and interested parties on notice that legal proceedings relating to foreclosure are underway. It effectively warns against making any judgments, attachments, or claims against the property while the foreclosure action is in progress. Two common types of Nebraska Li's Pendent Notices in connection with an action to foreclose include: 1. Li's Pendent Notice — Notice of Foreclosure Action: This type of notice is filed by the party initiating the foreclosure (typically a mortgage lender or mortgagee) to inform interested parties that legal proceedings have begun to foreclose on the property. It ensures that anyone interested in the property is aware of the lawsuit and can take necessary actions accordingly. 2. Li's Pendent Notice — Notice of Claim on Property: In some cases, parties other than the lender may claim an interest or lien on the property being foreclosed. These third-party claimants can file a Li's Pendent Notice to assert their own rights or interests and potentially challenge the foreclosure action. This type of notice offers the claimant an opportunity to present their claim and defenses regarding the property in question. The Nebraska Li's Pendent Notice in Connection with Action to Foreclose serves as a public record, creating transparency and allowing interested parties to be duly notified of the foreclosure proceedings. It is crucial for potential buyers, lenders, and other parties involved in real estate transactions to conduct thorough title searches to identify if any Li's Pendent Notices have been filed, as they may have an impact on the property's ownership and marketability.

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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.

More info

If the action is for foreclosure of a mortgage, such notice shall contain the date of the mortgage, the parties thereto, and the time and place of recording the ... Claims based upon deed made after lis pendens is filed are subordinated to and determined by the judgment in mortgage foreclosure suit. Hadley v. Corey, 137 Neb ...Nov 11, 2021 — In a judicial foreclosure, the mortgage lender starts the process by filing a lawsuit. In connection with filing the suit, the lender will file ... Recording the lis pendens gives notice to all interested parties, such as prospective purchasers and lenders, and establishes a priority for the later interest ... Filed in the court with the complaint is a recorded document called a lis pendens that gives public notice about the foreclosure proceedings on the defaulted ... Nov 3, 2017 — “When a complaint is filed, the action is pending so as to charge a third person with notice of its pendency. While pending, no interest can be ... Notice of Lis Pendens for Real Estate Located in Nebraska. A Lis Pendens Notice is filed when actions are brought that affect title to real property. by R Laurence · 1979 · Cited by 5 — Where the law of a State requires a notice of an action concerning real property pen- ding in a court of the State to be registered, recorded, docketed, or ... Filing requirements vary by state, but generally, there are two steps. First, a lawsuit must be filed with the county clerk, and the suit must be pending. Aug 29, 2014 — Cancellation of a notice of lis pendens is completely separate from the merits of the underlying action. Nebraska Supreme Court Online Library.

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Nebraska Lis Pendens Notice in Connection with Action to Foreclose