Release of Lis Pendens
What is this form?
The Release of Lis Pendens is a legal document that serves to formally withdraw a notice indicating that a lawsuit involving the title to real property is pending. Unlike the Lis Pendens itself, which alerts potential buyers, lenders, and the property owner of a claim against the property, the Release of Lis Pendens removes that claim, confirming that the legal dispute is no longer active with respect to the property in question. This form is essential for clearing the title to a property after a lawsuit has been resolved or withdrawn.
What’s included in this form
- Identification of the specific Lis Pendens being released.
- Legal description of the real property involved.
- Details concerning the clerk or recorder's office where the original Lis Pendens was filed.
- Authorization for the clerk to cancel the Lis Pendens on record.
- Signatures of the parties involved, acknowledging the release.
- Date of the release notice.
When to use this form
This form should be used when a lawsuit involving property has been resolved, and the party seeking to release the Lis Pendens wants to clear the title of the property. Situations may include settlements reached, dismissals of the case, or when it is determined that the dispute no longer affects the ownership or interest in the property. Filing this release ensures that potential buyers or lenders can proceed without concern regarding the prior legal claim.
Who can use this document
- Property owners who have been involved in a lawsuit affecting their property.
- Attorneys representing clients who have resolved property disputes.
- Buyers or lenders seeking assurance that a property's title is clear of pending claims.
- Parties involved in the original lawsuit who wish to notify others of its resolution.
Completing this form step by step
- Identify the specific Lis Pendens by referencing the original recording information.
- Provide a legal description of the real property associated with the Lis Pendens.
- Fill in the details of the clerk or recorderâs office where the original notice was recorded.
- Sign and date the release, acknowledging its accuracy and intent.
- Submit the completed form to the appropriate county recorder to ensure public notice of the release.
Notarization requirements for this form
This form must be notarized to be legally valid. US Legal Forms provides secure online notarization powered by Notarize, allowing you to complete the process through a verified video call.
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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.
Mistakes to watch out for
- Failing to provide the complete legal description of the property.
- Not including the correct recording information for the original Lis Pendens.
- Omitting signatures from all required parties.
- Submitting the form to an incorrect office or failing to submit it at all.
Benefits of using this form online
- Convenience of downloading and filling out the form from anywhere.
- Ability to easily edit the form to ensure all information is accurate.
- Access to templates created by licensed attorneys, ensuring legal compliance.
- Streamlined submission process, often allowing for faster processing times.
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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.
