South Carolina Lis Pendens Notice

State:
Multi-State
Control #:
US-01067
Format:
Word; 
Rich Text
Instant download

Description

A lis pendens is a written notice of a pending lawsuit involving property. Plaintiff files this lis pendens in order to place defendant on notice that a lien is being sought to compel defendants to convey legal title to the described mineral interest based on the fact that the plaintiff has paid to purchase the interest. The form also contains a Certificate of Service stating that the attorney for the plaintiff has forwarded a correct copy of the document by U.S. Mail.
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FAQ

Accessory and Attempt Code Section 16-1-60 also says that 1) accessory before the fact to commit any of the listed offenses or 2) attempt to commit any of the listed offenses is also considered a violent crime. Accessory after the fact to commit one of the listed offenses is not considered a violent crime.

Under South Carolina Code §16-11-620, trespassing is typically considered a misdemeanor offense punishable by up to $1,000 in fines and up to 30 days in jail.

Presuit Requirement?Notice of Intent to File Suit. South Carolina law requires the filing of a Notice of Intent to File Suit and an affidavit of an expert witness as a prerequisite to filing a medical malpractice lawsuit. SCCL § 15-79-125(A).

Section 16-11-600 - Notice of trespassing; purple paint (A) Every entry upon the lands of another, after notice from the owner or tenant has been posted or given prohibiting such entry, is a misdemeanor and must be punished by a fine of not more than one hundred dollars or by imprisonment not more than thirty days.

SECTION 16-11-311. Burglary; first degree. (3) the entering or remaining occurs in the nighttime. (B) Burglary in the first degree is a felony punishable by life imprisonment.

The purpose of a lis pendens is to notify the public that a claim or lawsuit is being filed, or has been filed, against a person or business and their property. Thus, a lis pendens functions as a "cloud upon the title" on the property potentially being foreclosed upon.

Lis pendens is a formal notice that there is a pending action, or lawsuit, that could affect the title of the property. However, it serves an even bigger purpose. When a lis pendens is filed, any future transfers of the property are affected by the pending action if it were to be awarded.

Under South Carolina Code § 16-11-510, Malicious Injury to Personal Property is where the defendant facing criminal charges allegedly acted with intent (intentionally) damages the personal possessions (property), goods, or chattel (common law term for personal items or property) that belong to another person.

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South Carolina Lis Pendens Notice