Release of Lis Pendens
Definition and meaning
A Release of Lis Pendens is a legal document that removes a notice of pending litigation regarding a property. When a Lis Pendens is filed, it informs potential buyers or financiers that there is an ongoing legal action that may affect the property. The Release serves to cancel that notice and indicates that the legal matter has been resolved or abandoned, thus clearing the title for prospective transactions.
How to complete a form
To complete the Release of Lis Pendens, follow these steps:
- Gather essential information, including the location of the Lis Pendens and the relevant court or property records.
- Fill in the date of the release and the name of the clerk or recorder's office.
- Clearly state the book and page number where the original Lis Pendens can be found.
- Sign the document in the designated area.
- File the completed form with the appropriate county clerk or recorder's office.
Who should use this form
The Release of Lis Pendens should be used by individuals or entities that have previously filed a Lis Pendens and have resolved the underlying legal issue. This includes property owners who reached a settlement, completed a court case, or otherwise negated the need for a Lis Pendens. It is essential for parties looking to sell or transfer property and needing to clear any legal claims against it.
Benefits of using this form online
There are several advantages to utilizing an online form for a Release of Lis Pendens:
- Convenience: Users can complete and file the form at their own pace and from anywhere.
- Access to legal guidance: Online platforms typically provide helpful tips and clarifications throughout the form-filling process.
- Time savings: Filling out the form online can reduce the time spent in paperwork and filing.
- Instant access: Users can quickly download and print the completed form for local filing.
Common mistakes to avoid when using this form
When completing a Release of Lis Pendens, avoid these common pitfalls:
- Failing to include all necessary details, such as the correct book and page number.
- Not signing the document, which can render it invalid.
- Filing the form with the wrong clerk’s office, leading to processing delays.
- Overlooking any state-specific requirements that could affect the validity of the release.
What documents you may need alongside this one
Preparing a Release of Lis Pendens usually requires the following documents:
- Original Lis Pendens document that is being released.
- Court judgment or settlement agreement that verifies the resolution of the underlying issue.
- Identification proof of the parties involved, if required by the local laws.
Form popularity
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.
