Tennessee Lis Pendens Notice in Connection with Action to Foreclose

State:
Multi-State
Control #:
US-01458BG
Format:
Word; 
Rich Text
Instant download

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

This is basically a document telling you that the lender will foreclose on your property if you do not take action to stop it. Ignoring it will only lead to further legal trouble, and it could prevent you from being able to negotiate with the lender to find a solution that allows you to keep your home.

How Can I Stop a Foreclosure in Tennessee? A few potential ways to stop a foreclosure include reinstating the loan, redeeming the property before the sale, or filing for bankruptcy. (Of course, if you can work out a loss mitigation option, like a loan modification, that will also stop a foreclosure.)

Foreclosure proceedings can start any time after the acceleration notice is sent, but usually happens when the loan is 90 or more days past due. This is when attorney fees become a significant part of the fees due. Attorney fees will be added to your total amount due.

Foreclosure in Tennessee In the State of Tennessee, the minimum time a debt on a property has to be unpaid in order for the mortgage holder to enter foreclosure proceedings is six months. Foreclosure also cannot be initiated over any debt less than 200 dollars.

Notice of Sale in a Foreclosure Most state foreclosure laws, judicial and nonjudicial, require that the lender serve a notice of the foreclosure sale date on the borrower. State laws also usually require the lender to publish the sale date, typically in a local newspaper.

Benefits: Prioritizes your mortgage above all other debts so you can focus on catching up on the mortgage first then pay the other obligations later, likely at a reduced rate. Filing a Chapter 13 Bankruptcy will legally stop the foreclosure sale immediately and set up reasonable repayment terms.

Redemption Period ? starts day of Sheriff Sale -Six (6) months is most common. -If the amount claimed to be due on the mortgage at the date of foreclosure is less than 2/3 of the original indebtedness, the redemption period is 12 months. -Farming property can be up to twelve (12) months.

In Pennsylvania, lenders must send notice of intent to foreclose letters to homeowners 30 days before the foreclosure begins. This gives borrowers time to contact our Pennsylvania bankruptcy lawyers and create a plan to prevent foreclosure.

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Tennessee Lis Pendens Notice in Connection with Action to Foreclose