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Cancellation of lis pendens ? Before final judgment, a notice of lis pendens may be cancelled upon order of the court, after proper showing that the notice is for the purpose of molesting the adverse party, or that it is not necessary to protect the rights of the party who caused it to be registered.
(a) No notice of lis pendens recorded against any real property shall continue in force for a longer period than fifteen years after the date such notice was recorded unless within the five years prior to the expiration of said fifteen-year period such notice of lis pendens is rerecorded and a notice of such
A lis pendens can only be removed with the consent of the person who registered it, or by obtaining a court order under Section 123 of the 2009 Act.
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.
A Release of Lis Pendens is a counterclaim wherein it provides recourse for defendants pursuing to sell a property. The Release of Lis Pendens Surety Bond ensures to cover the cost of the Lis Pendens to release the property back to the defendant.
A notice of lis pendens is a document stating that the property named in the notice is subject to a lawsuit over ownership. Those who file a lis pendens will do so because they have taken issue with title and are seeking ownership of the named property.
The notice of lis pendens may be cancelled only upon the order of the court, after showing that the notice is for the purpose of molesting the adverse party, or that it is not necessary to protect the rights of the party who caused it to be recorded (Section 19, Rule 13, Amended Rules of Civil Procedure).
A notice of pendency lasts for a period three years, which a court may renew for good cause.
(c) Notwithstanding subsections (a) and (b) of this section, a notice of lis pendens filed pursuant to G.S. 1-116(a)(5) shall remain effective until the order to freeze or seize assets under G.S. 14-112.3(b1)(3) is terminated or an order directing the sale of real property under G.S. 14-112.3(e1)(1)c. is entered.
Lis pendens is a notice that a property has a claim against it backed by a pending lawsuit. The notice must be filed with the Clerk of Court for the county you live in and is recorded in the county real estate records. A lawsuit must be pending before the notice can be filed and served.