Mecklenburg North Carolina Lis Pendens Notice in Connection with Action to Foreclose

State:
Multi-State
County:
Mecklenburg
Control #:
US-01458BG
Format:
Word; 
Rich Text
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 Surety Bond is a type of judicial court bond where a Plaintiff seeks to prevent the sale or loan of property by the Defendant. This surety bond ensures that the plaintiff is filing the Lis Pendens in good faith and not under false claims.

A Lis Pendens Can be Removed, Foreclosed or Expunged, Even if it was Validly Recorded. Under California law, a lis pendens may be expunged by filing a motion with the court based upon a showing that: the claimant has not made a real property claim in their underlying lawsuit, or.

Alberta & Its Statutory Certificate of Lis Pendens aka Suit 178 is within the 180-day suit deadline. However, the claimant did not file a Certificate of Lis Pendens, so after 180 days the lien was discharged.

A notice of lis pendens, once duly registered, may be cancelled by the trial court before which the action involving the property is pending. This power is said to be inherent in the trial court and is exercised only under express provisions of law.

A North Carolina Lis Pendens is (constructive notice of pending litigation.) Required information: 1. ( The name of the court in which the action has been commenced or is pending)

"SECTION 77. 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.

Completion. If a lawsuit is not settled and expungement is not granted, then lis pendens will end when the civil action is completed and all appeals are over. The lis pendens is, in effect, replaced by the judgment entered and its effect on the real property.

Unlike the position applying to the High Court Central Office register, registration in the Land Registry every five years is unnecessary and for so long as the lis pendens remains undischarged, it will remain on the register and bind a purchaser.

Once a lis pendens is filed, notice is officially recorded in the property's county recording office and that record is reflected in any title reports, which can make buying and selling the property extremely difficult.

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Mecklenburg North Carolina Lis Pendens Notice in Connection with Action to Foreclose