Filing Lis Pendens In South Carolina In Georgia
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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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The notice of the pendency of the action shall constitute notice for only five years from the date of the filing of such notice. Visit your county recorder's office and ask to file a Notice of Lis Pendens.A Georgia lis pendens filing may not be used to give notice of litigation in another state which may affect property in Georgia. Lis pendens is a longstanding, frequently misunderstood doctrine concerning unorthodox interests in real estate. There, the South Carolina Court of Appeals found the filing of a lis pendens is absolutely privileged. Yes you are going to have to draft the documents. It is not as simple as just filing a lien lis pendens. This page breaks down the rules, requirements, and deadlines you need to follow to file a South Carolina mechanics lien.
