Nevada Notice of Pendency of Action - Individual

State:
Nevada
Control #:
NV-11-09
Format:
Word; 
Rich Text
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Description

This Notice of Pendency of Action form is for use by an individual party to an action who asserts a real property claim to give notice of the pendency of an action in which that real property claim is alleged pursuant to N.R.S. § 108.239 and to provide information, including the names of all parties to the action, the object of the action, the location and legal description of the real property affected by the action, and the nature and extent of the affirmative relief claimed by defendant in the answer (if applicable).

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FAQ

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.

Make a written demand for a discharge of lis pendens from the party who filed it. File a request with the court to remove the lis pendens.

The New York Civil Practice Law and Rules § 6501 provides, in relevant part, that a "notice of pendency may be filed in any action in a court of the state or of the United States in which the judgment demanded would affect the title to, or the possession, use or enjoyment of, real property."3 A notice is filed in the

A notice of pendency may be filed in any action in a court of the state or of the United States in which the judgment demanded would affect the title to, or the possession, use or enjoyment of, real property, except in a summary proceeding brought to recover the possession of real property.

A notice of pendency shall be effective for a period of three years from the date of filing. Before expiration of a period or extended period, the court, upon motion of the plaintiff and upon such notice as it may require, for good cause shown, may grant an extension for a like additional period.

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.

A lis pendens is a notice of pendency of action. The Latin term term roughly translates to suit pending. In plainer terms, it means that there's a pending lawsuit over land or real estate property, usually in an effort to reclaim ownership if there's a dispute.

A Lis Pendens is filed with the County Recorder in the county where the piece of property that the law suit involves is located. When any document is recorded with the County Recorder, it puts the world on notice of its contents.

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.

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Nevada Notice of Pendency of Action - Individual