Lis Pendens Release Form For Minors In Philadelphia

State:
Multi-State
County:
Philadelphia
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

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.

Note: Name change petitions for minors (age 17 and under) are filed with the Clerk of Family Court at 1501 Arch Street, 11th floor – (215)686-3805. You can expect to have a conference hearing scheduled within ninety (90) days from filing and to incur costs that could exceed $900.00 to complete the process requirements.

In Pennsylvania, a Lis Pendens notice is a formal announcement that a pending lawsuit exists that may affect the title or claim to a piece of real estate. This notice of a pending legal action is filed in the public records, warning potential buyers that the property is involved in pending litigation.

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.

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.

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.

How can I obtain information on a property/copy of my deed? You may research or request a copy of a property in our public Reference Room located in City Hall, Room 154. Copies of deeds are $2.00 per page.

More info

The department provides public access to many of these records, including: Financial disclosure forms. Public safety reports.Included on this page are forms for filing civil complaints, private criminal complaints and notices of settlement when cases are privately resolved. A praecipe (request) to discharge or remove of record a lis pendens filed against Pennsylvania real property. Lis Pendens is a legal term meaning "lawsuit pending" and serves as a public notice filed against a property involved in litigation. PhilaDox is an online system that allows users to search for deeds and other property records from 1974 through the present. Here's how it works. Send release of lis pendens form via email, link, or fax.

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Lis Pendens Release Form For Minors In Philadelphia