Lis Pendens In Missouri In Travis
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Examples of when a lis pendens may be legally filed, include partnership disputes where the partnership owns property that is in dispute, or any business dispute (such as the breakup of any business) where owners or former owners have competing claims to the property.
A lis pendens has no life of its own apart from the lawsuit that underlies it. If there is no lawsuit, there can be no valid lis pendens. “A lis pendens operates only during the pendency of the underlying suit, and only as to those matters that are involved in the suit.
A notice of pendency (also known as a lis pendens ) is a written notice of a judicial proceeding that affects the ownership of property.
Lis pendens provides constructive notice, or a warning, to prospective homebuyers that the ownership of a property is in dispute and litigation is pending.
One option for removing a lis pendens in Missouri is resolving the underlying legal matter. Work with an attorney to negotiate with the party that filed the lis pendens notice to have the lawsuit dismissed, reach a settlement agreement or obtain a final judgment from the courts.
A lis pendens is also known as a “notice of pendency of legal action”, and it is a legal notice that is used in California to indicate that there is a pending lawsuit concerning a specific piece of real estate.
Common Legal Grounds for Lis Pendens We typically see lis pendens recorded in several types of cases, including: quiet title, specific performance, easement cases, partition, adverse possession, wrongful eviction, and several other types of real property claims.
The literal transaltion of the Latin word "lis" is suit, or lawsuit. "Pendens" translates as pending, so lis pendens means pending lawsuit or lawsuit pending.
Sign the lis pendens document in the presence of a notary. File the lis pendens with the courthouse in the county where the property is located. Serve a notice of the lis pendens on involved parties, such as the property owner, if required.
File a request with the court to remove the lis pendens. Provide the legal reasons the lis pendens is improper, offering proof, for example, that the lis pendens affects real estate that is not connected to the litigation. If the lawsuit is frivolous and merely intended to harass the property owner, offer proof.
