Release of Lis Pendens
Overview of this form
A release of lis pendens is a formal document that removes the notice of a pending lawsuit involving a real property title. The term "lis pendens" translates to "a suit pending" and serves to notify interested parties that a legal action is underway that may affect property rights. This document differs from a lis pendens filing, which indicates an active lawsuit. Once filed, this release effectively cancels any claims associated with the original lien on the property.
Form components explained
- Details of the original lis pendens, including the recording information
- Legal description of the real property involved
- Signature of the party releasing the lis pendens
- Date of the release
- Instructions for the clerk or recorder to update official records
When this form is needed
This form should be used when a lawsuit involving real property has been resolved, or it is determined that the property is not connected to the lawsuit. By filing a release of lis pendens, property owners or plaintiffs can effectively inform potential buyers and lenders that the pending legal claim is no longer an issue, allowing for smoother transactions or financing in relation to the property.
Who this form is for
- Property owners who have previously filed a lis pendens but need to cancel it
- Individuals or entities involved in a legal dispute regarding property title
- Attorneys representing clients in property-related lawsuits
- Lenders or buyers seeking clarity on property titles
How to prepare this document
- Identify and clearly state the details of the original lis pendens being released.
- Include the legal description of the real property as stated in the original filing.
- Provide the correct date of the release.
- Sign the form where indicated, ensuring that it is executed by the appropriate party.
- Submit the completed release form to the Clerk or Recorder for cancellation of record.
Is notarization required?
This form does not typically require notarization unless specified by local law. Users should check state-specific regulations to confirm requirements.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Typical mistakes to avoid
- Failing to include the legal description of the property.
- Not signing the document or missing required signatures.
- Submitting the form to incorrect offices or jurisdictions.
- Neglecting to properly date the release.
Benefits of using this form online
- Convenience of quick access to a legally drafted template.
- Editability allows custom details to be easily entered.
- Reliable legal language drafted by licensed attorneys ensures compliance.
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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.
Once the lis pendens is filed, it will become part of the public record because it is a constructive notice. This also means that if you didn't receive notification directly (perhaps you were sent a letter that got lost in the mail), the lis pendens still remains in effect.
Lis Pendens is Latin for "Suit Pending". It means someone has a claim, valid or not against the property in question or its owner, and filed a notice in the public records. Release means there is a cancellation which has been filed, cancelling or negating the lien or lis pendens notice.
A lis pendens may be removed through a motion to expunge. A motion to expunge may be granted if the underlying lawsuit or other court action does not contain a real property claim that has probable validity. The motion will be granted it if is more likely than not that the underlying lawsuit or claim will fail.
Because lis pendens are typically recorded in the real property records, the effect of lis pendens is that it puts others on notice that there is a dispute concerning the real property.
How long it takes for your home to foreclose once you receive notice of lis pendens will depend on the state. In California, it might take a minimum of 120 days, and 180 days in Florida, while in New York it can take as long as 15 months after the notice is filed.
Releasing a lis pendens in California requires that the party that signed the original lis pendens, or their successor in interest, must sign and record the notice of release of lis pendens . The signature on the notice of release of a lis pendens must be notarized.
The lis pendens can be removed once the lawsuit is settled and the court has ruled on an outcome. It might also be resolved on its own if an agreement is reached between the title owner and whoever filed the complaint. If the claim was wrongfully filed, the lis pendens will be expunged.
