New Mexico Notice of Lis Pendens in Action to Quiet Title by Person Claiming Title by Adverse Possession - Squatters Rights

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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.


Adverse possession is a means by which someone may acquire title to the land of another through certain acts over a defined period of time. Such acts must continue uninterrupted for the time period defined by state laws, which vary by state.


This form 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

The statutory period for adverse possession in New Mexico is ten years. 3 This means that an owner of land must take action against someone within ten years of that person taking possession of the land in order to prevent the person from acquiring superior title.

Notice of Lis Pendens for Real Estate Located in New Mexico Although a "Lis Pendens" (Latin for "Pending Suit") is not a lien, it acts like a lien in that any would be buyer or Lien-holder takes note that they are subject to the outcome of the pending suit mentioned.

If a lis pendens is properly filed, then a buyer (by definition) cannot be a BFP since constructive notice has been given by the filing; at best the buyer becomes a purchaser pendente lite, meaning that one would take title subject to the outcome of the litigation (Prop. Code Sec. 13001).

A gift deed typically transfers real property between family or close friends. Gift deeds are also used to donate to a non-profit organization or charity. The deed serves as proof that the transfer is indeed a gift and without consideration (any conditions or form of compensation).

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.

Adverse possession is one possible theory of ownership that might be asserted within a quiet title action. Adverse possession is one of the only ways to obtain ownership of property other than deed or inheritance.

Filing a Quiet Title Action in New Mexico Quiet title actions are filed in the district court for the county in which the real property in question is located. The party seeking to quiet title (plaintiff) files a complaint describing the premises and the extent and nature of the plaintiff's interest in it.

The purpose of the lis pendens is to impart notice (more technically, ?constructive notice?) to everybody in the world who might be interested in the property which is the subject of the litigation. The technical name of a lis pendens is a ?Notice of Pendency of Action.?

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New Mexico Notice of Lis Pendens in Action to Quiet Title by Person Claiming Title by Adverse Possession - Squatters Rights