Utah Lis Pendens Notice in Connection with Action to Foreclose

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Multi-State
Control #:
US-01458BG
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Word; 
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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

2 years after discovery or when reasonably discoverable, but not more than 9 years. Exceptions: If discovered in the 8th or 9th year, two years from the date of discovery.

What You Should Do About a Lis Pendens on Your Property. If you have a lis pendens on your property, you need to contact an attorney as soon as possible. A Motion to Expunge should be filed as soon as possible. If you aren't sure about the details of the action filed, you can request information from the court clerk.

In Utah, the statute of limitations for most personal injury cases is four years, meaning that any suits filed after this point will not be considered legally valid.

A lis pendens is an official notice to the public that a lawsuit involving a claim on a property has been filed. Lis pendens is connected to the concept that a property buyer must assume any litigation that exists pertaining to the property.

78B-6-1303 - Lis pendens -- Notice. 78B-6-1303. Lis pendens -- Notice. (1) Either party to an action affecting the title to, or the right of possession of, real property may file a notice of the pendency of the action with the county recorder in the county where the property or any portion of the property is located.

Primary tabs. In general, lis pendens is Latin for ?suit pending.? It is used in several contexts: ?Lis pendens? is construed to be the jurisdiction, power, or control which courts acquire over property involved in a suit, pending the continuance of the action, and until final judgment.

If you receive a discharge of lis pendens, it means your property no longer has a claim or lawsuit against it.

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.

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Utah Lis Pendens Notice in Connection with Action to Foreclose