Pennsylvania Lis Pendens Form With Lien In Kings

State:
Multi-State
County:
Kings
Control #:
US-00403BG
Format:
Word
Instant download

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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FAQ

To file a lis pendens, the party filing must have or show one of two things: That there is a recorded instrument, usually some mortgage or encumbrance, or perhaps something related to a construction mechanics lien—that potentially provides the filer the right to the property on or in the document.

File a request with the court to remove the lis pendens. Provide the legal reasons the lis pendens is improper, offering proof, for example, that the lis pendens affects real estate that is not connected to the litigation. If the lawsuit is frivolous and merely intended to harass the property owner, offer proof.

How Long Does a Lis Pendens Last in Pennsylvania? Under Pennsylvania law, a Lis Pendens typically remains recorded for a period of fifteen years. This duration provides adequate notice to interested parties about ongoing litigation or other legal actions involving the real property.

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.

In order to perfect your lien claim, it must be filed in the prothonotary's office of the county court where the property is physically located. A “prothonotary” is just an old-school term for the chief clerk of the court. If the property is located in more than one county, then the claim should be filed in both.

The lien will stay in effect for five years, but can be renewed, if the debtor does not sell the property within that time period.

The Lis Pendens A lis pendens is a document that is filed in the public records that alerts the world that someone is asserting claim over the property. A lis pendens is not, by itself, a legal bar to purchasing the property—someone can still legally close on property with a lis pendens filed on it.

After the action is resolved, the attorney for the plaintiff should file a praecipe to remove the lis pendens and resulting cloud on title. Note that if a defendant believes a lis pendens has been filed improperly, it may make a motion with the court to have it stricken.

That means the house is "frozen" or cannot be sold, refinanced, transferred, until the lawsuit is settled, or the case is tried with a final judgment signed by the judge. Then once the case is over, the attorney who placed the Lis Pendens will be required to remove it. Only after that happens can the house be sold.

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.

More info

Lis Pendens is a legal term meaning "lawsuit pending" and serves as a public notice filed against a property involved in litigation. "To obtain a judgment lien, you must first record the judgment with the court of common pleas in the county where the debtor owns property.To file and record a lis pendens against real estate, the claimant must have made a "real property claim" in the underlying litigation. A lis pendens is a notice of a potential ownership dispute on a property. The phrase "lis pendens" is Latin for lawsuit pending. Lis pendens is a notice lenders use during a judicial foreclosure. Next, provide a description of the real estate involved in the suit. Lis pendens useful or useless? ::::::::::IN THE SUPERIOR COURT OFPENNSYLVANIANo. Complete, systematic collection of laws. codicil.

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Pennsylvania Lis Pendens Form With Lien In Kings