File Notice Lis Pendens Withdrawal In Washington

State:
Multi-State
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

The lien must be filed and recorded with the county recorder or auditor in the county in which the work was performed or the materials provided. If you do not file the lien within this timeframe, you lose your lien rights.

A judgment lien in Washington will remain attached to the debtor's property (even if the property changes hands) for ten years.

At any time after an action affecting title to real property has been commenced, or after a writ of attachment with respect to real property has been issued in an action, or after a receiver has been appointed with respect to any real property, the plaintiff, the defendant, or such a receiver may file with the auditor ...

Under Washington's civil statute of limitation laws, personal injury claims have a three-year limit for filing, as do fraud, injury to property, and trespassing. Debt collection has a six-year limit. Statutes of limitations aren't suggestions. They are mandatory time limits that the state imposes on most lawsuits.

Lis Pendens means: Pending lawsuit affecting title to real property. Washington law provides that a Lis Pendens may only be recorded where there is an “action affecting title to real property.” RCW 4.28.

Expunging a Lis Pendens This can happen if the party believes that the lis pendens was improperly filed or if the underlying lawsuit has been resolved. Court Hearing: If a party seeks expungement, the court will conduct a hearing to determine whether the lis pendens should be canceled.

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.

(1) Notice of Intent To Withdraw. The attorney shall file and serve a Notice of Intent To Withdraw on all other parties in the proceeding. The notice shall specify a date when the attorney intends to withdraw, which date shall be at least 10 days after the service of the Notice of Intent To Withdraw.

More info

To file and record a lis pendens against real estate, the claimant must have made a "real property claim" in the underlying litigation. You can record a Notice of Withdrawal of Lis Pendens.This is done via pleading. A lis pendens is a legal document filed in public records to notify interested parties that a lawsuit involving a particular property is pending. The Legal Standard for a Motion t0 Expunge Lis Pendens. A party in an action affecting title to real property may record a notice, or lis pendens, with the county auditor regarding the pendency of the action. Fill in the blank form formatted to comply with all recording and content requirements. Space provided for multiple parties to the case. Check with the court clerk to find out what the applicable filing fee is for filing a Notice of Lis Pendens. The date of filing of the Lis Pendens in the office of the Register of Deeds.

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File Notice Lis Pendens Withdrawal In Washington