Ohio 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.

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FAQ

Lis pendens provides constructive notice, or a warning, to prospective homebuyers that the ownership of a property is in dispute and litigation is pending. Lis pendens can only be filed if a claim is related specifically to the property.

Lis pendens prevents third parties who claim to have ?acquired an interest? in the property, after service and during the pendency of the foreclosure action, from challenging the trial court's judgment.

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.

Lis Pendens is the Latin phrase for pending litigation. More commonly, a lis pendens is referred to as a ?notice of pending action.? Persons who buy or lend on the real estate after a lis pendens has been recorded take the property subject to the claimant's right, if any, to the real estate.

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).

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.

Ohio Foreclosure Process Timeline Day 1-15: Missing a Payment. Day 1 is the day you miss a payment. ... Day 45-60: Notice of Breach. ... Day 90: Ohio Foreclosure Lawsuit Filed. ... Day 118: File Answer with Court. ... Redemption Period: Up to 90 Days.

A few potential ways to stop a foreclosure and keep your home include reinstating the loan, redeeming the property before the sale or for a short period after the sale, or filing for bankruptcy.

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Ohio Lis Pendens Notice in Connection with Action to Foreclose