File Notice Lis Pendens Fort Lauderdale In Middlesex

State:
Multi-State
County:
Middlesex
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 Lis Pendens Mean? Lis pendens is a Latin term that literally means “lawsuit pending.” In a modern context, it is a notice filed against real estate that is under the control of the courts because of a pending lawsuit. It is often referred to as a “cloud on title”.

The lis pendens of right is based on a recorded lien or other recorded instrument. A mortgage is a good example. It is recorded in the official or public records of the county where the property is located.

(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 ...

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, ...

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.

(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 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.

Online via an Official Records portal: Most Florida circuit clerk offices provide an Official Records Search portal on their websites, which interested persons can access to find liens on a property, including tax liens registered by taxing authorities.

However, once any litigation has been resolved, a lis pendens can be removed through a Florida Release of Lis Pendens. This legal document will formally remove the lis pendens so that the property title is clear.

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, ...

More info

Filing a notice of lis pendens against a property is a powerful tool to prevent the disposition of property in dispute during the pendency of litigation. A lis pendens is a common tool used in Florida to put third parties on notice of a pending lawsuit against real estate.How to File a Notice of Lis Pendens. A "lis pendens" is a written notice that a lawsuit has been filed which affects title to real property or some interest in that real property. Next, provide a description of the real estate involved in the suit. A Florida Lis Pendens Notice is a legal document that alerts potential buyers and creditors of pending litigation on a property. It is important to us to roll this program out in the smoothest way possible for our participants.

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File Notice Lis Pendens Fort Lauderdale In Middlesex