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What is lis pendens?

Lis pendens refers to the notice issued to say that a lawsuit pertaining to a title of a real estate property was already filed in court. The term lis pendens is a Latin term which means “a suit pending”.

Lis pendens is filed at the clerk of the court and then it has to be certified that the suit had been filed and listed under the Country Recorder. The lis pendens is essential since it informs the owner of the real estate property that there is another person or entity that is claiming the property.

The recording with the Country Recorder is also needed to let the general public know that there the ownership is under contention. This way, those who are interested in buying the property are informed that there are issues concerning the ownership of the property.

Lis pendens explained

The lis pendens is not just a plain notice without many details. This legal document has to have the legal description of real estate property that is in contention.

The lawsuit filed by those claiming ownership to a real estate property must make sure that they have filed a case involving the property in question. Those who have filed a petition to take out the lis pendens from the real estate property that was not part of the lawsuit or filed for a lis pendens that is false will have to pay for the attorney’s fees as his or her penalty.

For example, Jim Turner works as laborer and supplier for the home of Joe Smith, and Turner sues Smith to claim a mechanic’s lien. But Turner filed for a lis pendens question the ownership of the three other properties of Smith. If Turner is found guilty of filing for false lis pendens, and then he can be summoned and penalized by the court.

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Posted by on Nov 6th, 2014 and filed under Humanities, Legal. You can follow any responses to this entry through the RSS 2.0. Both comments and pings are currently closed.