Filing A Lis Pendens In California In Fulton
Category:
State:
Multi-State
County:
Fulton
Control #:
US-00403BG
Format:
Word
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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 lenders 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. A person who records a false lis pendens will be subject to the penalty of payment of attorney's fees. A petition to remove the lis pendens from real property may be brought by the defendant when the property is not involved in the lawsuit.
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First, you can only file a lis pendens if you have a pending lawsuit with the circuit court. A Lis Pendens is filed with the County Recorder in the county where the piece of property that the law suit involves is located.Talkov Law's real estate litigators provide a free checklist of requirements to file a lis pendens (notice of pending action). The clerk at the county recorder's office will record a lis pendens upon request of anyone who claims to be entitled to do so (e.g. Fill in the blank form used to certify service of lis pendens. A lis pendens is permitted in some types of lawsuits and actually required in other types of actions. 1. You must first file a lawsuit in which title to the property is at issue between the parties; 2. FORD, LORETTA MIRANDOLA, JEN-. 184, 518 S.E.2d 189 (1999). A lis pendens becomes effective upon filing in the office of the superior court clerk.
