File Notice Lis Pendens Withdrawal In Miami-Dade

State:
Multi-State
County:
Miami-Dade
Control #:
US-00403BG
Format:
Word
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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

Click here to access the Clerk's Online Services, including official records, civil/family/probate cases, criminal cases and traffic cases, or you may call the Clerk's 24-hour voice response system at (305) 275-1155. For Traffic case information only call 305-275-1111.

Public Records Requests However, if you are unable to locate the records online, you may submit a Public Records Request form. This form may be submitted by mail to Records Management, Miami-Dade County Clerk of Courts, P.O. Box 14695, Miami, FL 33101 or by email to cocpubreq@miamidade.

Documents are recorded at the Clerk of the Courts, MIAMI-DADE COUNTY RECORDER, COURTHOUSE EAST, 22 N.W. First Street, 1st Floor, Miami, FL 33128. You can record the Notice of Commencement by mail. The original Notice should be sent to the County Recorder, P.O. Box 011711, Flagler Station, Miami, Florida 33101.

To make a request contact the Clerk's office by mail or in person at Miami-Dade County Courthouse or by email at cocoffrec@miamidade.

In Miami-Dade, the County Recorder's Office is responsible for recording, protecting, and preserving official records. After a quitclaim deed is properly drafted, filled out, and signed, one of the interested parties in the real estate transaction must record the document.

A wrongfully filed lis pendens can be removed by the judge in the case in which it was filed. The party seeking to remove it must file a motion and address why the lis pendens is improper under Florida law.

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.

Section 48.23 provides that the notice must contain the names of all of the parties, the name of the court in which the action is instituted, a description of the property involved or affected, a description of the relief sought as to the property, and one of the following: the date of the institution of the action, ...

(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 ...

The association, at its option, may include additional information in the estoppel certificate. (2) An estoppel certificate that is hand delivered or sent by electronic means has a 30-day effective period. An estoppel certificate that is sent by regular mail has a 35-day effective period.

More info

Registrants shall have thirty (30) days from the lis pendens or other foreclosure action filing date in which to register with the ONC. You can record a Notice of Withdrawal of Lis Pendens.This is done via pleading. "Under Florida Law, anyone may file a lawsuit against anyone, at any time, for any reason. It is up to the Court to determine the validity of the complaint. A perennial real property title problem occurs because of the failure to properly dispose of notices of lis pendens in the order of dismissal. This design allowed Florida to be up and running quickly and to continue to expand service efficiently. A statement of the relief sought as to the property. 2.

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File Notice Lis Pendens Withdrawal In Miami-Dade