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A lender will file a lis pendens when the foreclosure suit is filed. A lis pendens notice is public record and, therefore, puts the public on notice of its existence. In Florida, it can take as long as 15 months after a lis pendens notice is filed before your foreclosures.
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).
(2) A notice of lis pendens is not effectual for any purpose beyond 1 year from the commencement of the action and will expire at that time, unless the relief sought is disclosed by the pending pleading to be founded on a duly recorded instrument or on a lien claimed under part I of chapter 713 against the property
To properly file a lis pendens in connection with such litigation, the plaintiff must show in its pending pleading that the lawsuit is ?founded on a duly recorded instrument,? which is a document such as a deed or mortgage recorded in the public records where the property is located. Fla. Stat. § 48.23(3).
Official Records/Recording/Land Records ItemFeeLis Pendens Recording Fee First Page$5.00Each Additional Page$4.00Clerk's Affidavit Recording Fee First Page$10.00Each Additional Page$8.5026 more rows
In Florida, a lis pendens will expire after 1 year if no action has been taken. To officially remove a lis pendens, it must be expunged or withdrawn and this must be recorded according to state and local requirements.
To properly file a lis pendens in connection with such litigation, the plaintiff must show in its pending pleading that the lawsuit is ?founded on a duly recorded instrument,? which is a document such as a deed or mortgage recorded in the public records where the property is located. Fla. Stat. § 48.23(3).
(2) A notice of lis pendens is not effectual for any purpose beyond 1 year from the commencement of the action and will expire at that time, unless the relief sought is disclosed by the pending pleading to be founded on a duly recorded instrument or on a lien claimed under part I of chapter 713 against the property