US Legal Forms
Release of Lis Pendens

Lis Pendens Florida List In Mecklenburg

Category:

Real Estate - Lis Pendens

State:

Multi-State

County:

Mecklenburg

Control #:

US-00403BG

Format:

Instant download

Description

The release of Lis Pendens form is essential for professionals involved in real estate transactions in Mecklenburg as it facilitates the cancellation of previously recorded notices of pending legal action regarding property. This form allows parties to officially acknowledge the receipt of valuable consideration and instruct the Clerk's office to remove the recorded Lis Pendens from official land records. The process is straightforward: users must complete fields indicating the specific Clerk’s office, city, and county, along with the book and page number where the Lis Pendens is recorded. Importantly, this form caters to the legal needs of attorneys, partners, owners, associates, paralegals, and legal assistants who often handle property disputes or manage the legal aspects of real estate transactions. By utilizing this form, legal professionals can ensure clarity and proper documentation in the release process, which ultimately aids in the effective communication of property status. The plain language of the form allows users with varying legal experience to understand and complete it correctly, enhancing its accessibility. This document is not only a critical tool for real estate law practitioners but also promotes smoother transactions and peace of mind for all parties involved.

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FAQ

So in reality, while a lis pendens does not technically prevent a land sale, the average buyer likely will not buy the parcel. This is true because the lis pendens will prevent them from obtaining clear title and preclude them from becoming a bona fide purchaser.

(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 ...

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.

Ing to Florida Statute Section 48.23, a lis pendens must have a caption with the names of all the parties, the date of the action, description of the property and statement of the relief being sought. There is a Supreme Court approved form, and it should be used.

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 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.

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.