Lis Pendens Form Blank Withdrawal In Maryland

State:
Multi-State
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

What Does Discharge of Lis Pendens Mean? If you receive a discharge of lis pendens, it means your property no longer has a claim or lawsuit against it.

RECOVERY OF PROPERTY OR VALUE AFTER JUDGMENT--DETINUE. (a) Action. (1) A person claiming the right to possession of personal property may file an action under this Rule.

You can file a motion to revise or vacate (cancel) the judgment in writing within 30 days after the date of the judgment. This motion is usually filed to correct clerical errors, or to vacate a judgment if you believe that you were not served with the court papers or were not notified of the court date.

When a lis pendens is filed, any future transfers of the property are affected by the pending action if it were to be awarded. A lis pendens puts a “cloud” on the title. It doesn't prevent you from selling your home, but it does make the title uncertain, which could affect your ability to sell.

A “lis pendens notice” is a notice recorded in a real property's chain of title and is designed to enable interested third parties to discover the existence and scope of pending litigation affecting the title to or asserting a mortgage , lien , security interest , or other interest in real property .

A lis pendens may be removed through a motion to expunge. A motion to expunge may be granted if the underlying lawsuit or other court action does not contain a “real property claim” that has probable validity. The motion will be granted it if is “more likely than not” that the underlying lawsuit or claim will fail.

To establish a lien, a contractor or subcontractor must file a petition in the circuit court for the county where the property is located within 180 days after completing work on the property or providing materials.

Enter the Case Number Enter your case number using one of the following formats: 99-12345. -cv-12345.

Rule 12-102 - Lis Pendens (a) Scope. This Rule applies to an action filed in a circuit court or in the United States District Court for the District of Maryland that affects title to or a leasehold interest in real property located in this State. (b)Creation--Constructive Notice.

In Maryland, to have lis pendens apply to a property, no further pleading or document needs to be filed (other than the action itself) because “the filing of the complaint is constructive notice of the lis pendens as to real property in the county in which the complaint is filed.

More info

NOTICE OF LIS PENDENS. (Md. Most Maryland court forms and brochures are available in this index.This is to notify that the Lis Pendens filed in and has been terminated. The following is a list of interactive forms. These forms should be downloaded and completed on your device and printed. Find Your Court Forms.

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Lis Pendens Form Blank Withdrawal In Maryland