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Vermont
Lis Pendens Notice in Connection with Action to Foreclose

Vermont Lis Pendens Notice in Connection with Action to Foreclose

Category:

Real Estate - Lis Pendens

State:

Multi-State

Control #:

US-01458BG

Format:

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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How to fill out Lis Pendens Notice In Connection With Action To Foreclose?

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FAQ

A ?lis pendens notice? is a notice recorded in a real property's chain of title and is designed to enable interested third parties to discover the existence and scope of pending litigation affecting the title to or asserting a mortgage, lien, security interest, or other interest in real property.

Redemption Period In most cases, it is about six months. If the property being foreclosed is not your primary residence, the court may give you less than six months. To redeem your property, you can pay the full amount that you owe the bank and avoid a foreclosure sale.

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 Vermont, lenders can use a judicial or strict foreclosure process to foreclose on Vermont-based property. Either way, the lender has to file a lawsuit in state court. Vermont law allows strict foreclosures if the value of the property is less than the debt amount.

To redeem your property, you can pay the full amount that you owe the bank and avoid a foreclosure sale. There may be other ways to avoid the foreclosure of your home during the redemption period. For example, if your bank agrees, you could enter into a loan modification agreement.

You may be able to avoid foreclosure by making arrangements with your lender, such as getting forbearance or agreeing to a loan modification. Other options may include refinancing with a hard money loan or reverse mortgage.

You can potentially file for bankruptcy or file a lawsuit against the foreclosing party (the "bank") to possibly stop the foreclosure entirely or at least delay it. If you have a bit more time on your hands, you can apply for a loan modification or another workout option.

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