US Legal Forms
Release of Lis Pendens

File Notice Lis Pendens Withdrawal In Florida

Q: What is a lis pendens discharge in Florida?

A lis pendens can be challenged if it is not founded on a duly recorded instrument. When a pending pleading does not show that an action is founded on a duly recorded instrument, a court may control and discharge the recorded notice of lis pendens.

Category:

Real Estate - Lis Pendens

State:

Multi-State

Control #:

US-00403BG

Format:

Instant download

Description

The File Notice Lis Pendens Withdrawal in Florida is a crucial legal form used to formally release a lis pendens that has been recorded against a property. This form assists individuals in removing notice of pending litigation that may have affected the title to their property. Key features include spaces to provide information about the original lis pendens, such as its recording details and the authority to cancel it. Users must accurately fill in the necessary information, including the date and signatures, to ensure its validity. This form is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants who need to manage property interests effectively. It helps prevent potential complications in real estate transactions by eliminating outdated legal claims. Clear instructions on filling out and submitting the form are essential for proper execution, ensuring a smooth withdrawal process. The withdrawal is essential for clients looking to clear their property title of any encumbrances related to litigation.

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FAQ

(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 ...

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.

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.

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, ...

What Does Lis Pendens Mean? Lis pendens is a Latin term that literally means “lawsuit pending.” In a modern context, it is a notice filed against real estate that is under the control of the courts because of a pending lawsuit. It is often referred to as a “cloud on title”.

A lis pendens can be challenged if it is not “founded on a duly recorded instrument.” When a pending pleading does not show that an action is “founded on a duly recorded instrument,” a court may control and discharge the recorded notice of lis pendens.

A lis pendens notice will be recorded in the county public records, and a copy of the notice will be sent to the property owner.

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.