US Legal Forms
Release of Lis Pendens

File Notice Lis Pendens Fort Lauderdale In Cook

Category:

Real Estate - Lis Pendens

State:

Multi-State

County:

Cook

Control #:

US-00403BG

Format:

Instant download

Description

The Release of Lis Pendens form serves as a formal document to cancel a previously filed notice of lis pendens in Cook County, Florida. This notice typically indicates that there is a pending lawsuit affecting the title of a property. The form requires clear identification of the original notice, and the user must provide details such as the clerk's office, city, county, and the book and page number where the lis pendens is recorded. It is vital for the filing party to complete this form to prevent any confusion regarding the legal status of the property in question. The form is particularly useful for attorneys, partners, and legal professionals involved in property litigation or real estate transactions, as it helps remove barriers to property transfer after a case has been resolved. Paralegals and legal assistants will find it beneficial for maintaining accurate property records and ensuring compliance with legal protocols. For owners, understanding this form can aid in expediting the clearance of any cloud on their property title, thereby facilitating smoother transactions. Overall, this document serves as a crucial tool in real estate law, ensuring clarity and transparency in property ownership.

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FAQ

The party seeking to dissolve the lis pendens must file a motion defining why the lis pendens is neither one of right nor one with a nexus to the real property. The movant will normally also ask for a bond in the event that the judge does find a nexus exists.

A wrongfully filed lis pendens can be removed by the judge in the case in which it was filed. The party seeking to remove it must file a motion and address why the lis pendens is improper under Florida law.

The titleholder can sell a property and transfer the deed to someone else while subject to a lis pendens. However, most title companies will not provide insurance for homes with a lis pendens, and closing agents may close with the lien being bonded.

Section 48.23 provides that the notice must contain the names of all of the parties, the name of the court in which the action is instituted, a description of the property involved or affected, a description of the relief sought as to the property, and one of the following: the date of the institution of the action, ...

However, once any litigation has been resolved, a lis pendens can be removed through a Florida Release of Lis Pendens. This legal document will formally remove the lis pendens so that the property title is clear.

Short Answer: After filing a lis pendens, property sales may stall due to legal disputes impacting the title. Misfiling can result in sanctions or slander of title damages. Removal involves court-ordered expungement or voluntary discharge.

(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 ...

Online via an Official Records portal: Most Florida circuit clerk offices provide an Official Records Search portal on their websites, which interested persons can access to find liens on a property, including tax liens registered by taxing authorities.

The lis pendens of right is based on a recorded lien or other recorded instrument. A mortgage is a good example. It is recorded in the official or public records of the county where the property is located.