US Legal Forms
Release of Lis Pendens

Release Of Lis Pendens Form Florida In King

Category:

Real Estate - Lis Pendens

State:

Multi-State

County:

King

Control #:

US-00403BG

Format:

Instant download

Description

The Release of Lis Pendens form in Florida is a legal document designed to formally remove a previously recorded notice of lis pendens from public land records. This form is essential for individuals or entities seeking to clear a property title after a legal dispute has been resolved or when the matter has settled out of court. The form requires the identification of the lis pendens to be released, including details from the original filing, such as book and page number, and the relevant clerk or recorder's office. It is critical that the person or entity releasing the lis pendens provides a signature and appropriate acknowledgment, confirming their authority to make this release. Target users, including attorneys, partners, owners, associates, paralegals, and legal assistants, will find this form invaluable for ensuring accurate property transaction processes and protecting their clients' interests. Filling out this document necessitates careful attention to detail to ensure all necessary information is included, thereby preventing future claims against the property. Editing may involve ensuring the dates and locations are accurate and that all parties' names are properly spelled. Use cases for this form typically arise during real estate transactions, legal settlements, or when a party wishes to formally declare that any pending legal actions affecting a property have been resolved.

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FAQ

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.

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

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.

Other than resolution of the pending lawsuit, the only way to remove a lis pendens is by expungement, which requires a court order from a circuit judge. If you refuse service or the action is otherwise delayed, the lis pendens remains intact, making it difficult to sell or otherwise transfer a property.

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.

Releasing a lis pendens in California requires that the party that signed the original lis pendens, or their successor in interest, must sign and record the notice of release of lis pendens . The signature on the notice of release of a lis pendens must be notarized.

Under California law, a lis pendens can be removed through a process known as “expungement.” When the owner of real property believes a lis pendens has been improperly filed, they can file a motion to expunge the notice of pendency of action. If the motion is successful, the lis pendens will be removed and released.