Filing A Lis Pendens In Florida In Illinois
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A lis pendens is a notice that a lawsuit has been filed regarding either a dispute in ownership of real estate or some other claim of interest in the property.
In Latin, the term lis pendens means pending litigation; it is a legal notice recorded for the public disclosure that a lawsuit is ongoing and claims a specific property. Such an action is called a “notice of pendency of action” under California Code of Civil Procedure § 405.2.
A notice of lis pendens must contain the following: a. The names of the parties. b. The date of the institution of the action, the date of the clerk's electronic receipt, or the case number of the action. c. The name of the court in which it is pending. d. A description of the property involved or to be affected. e.
The suit or proceeding must be pending before a competent court of jurisdiction. A right to immovable property is directly or specifically involved in the suit. The suit or proceeding must not be collusive. The property in dispute must be transferred or otherwise dealt with by any party to suit.
A notice of lis pendens under Illinois law for filing in the public records (the office of the county recorder) to provide constructive notice to third parties of a pending legal proceeding affecting or involving Illinois real property.
The doctrine requires more than a mere allegation of a pending suit; it requires proof the prior case is the same, the parties are substantially the same, and the relief requested is the same. This three-pronged identity test must be strictly applied when a party seeks to dismiss a claim under the doctrine.
(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 ...
30 As will be shown, Illinois courts, despite the literal text of the Act, have consistently held that taking without notice is not alone sufficient and have added a requirement that subsequent purchasers also record. Therefore, by statutory legislation, Illinois should be classified as a pure-notice state.
Document recording is accepted in person or via US Mail or courier. Only original documents bearing actual signatures may be recorded. Faxed documents cannot be accepted.
Sign the deed before a notary public. The grantor must sign the document in front of the notary. Have the deed notarized by the notary public, who will acknowledge the grantor's signature. Record the quit claim deed with the county recorder's office where the property is located to make the transfer official.
