Alabama Release of Lis Pendens

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

50 per $500 or $1.00 per $1000 on value of property conveyed - charged in increments of $500. The amount of value conveyed is always rounded to the nearest $500. A $1.00 ?no-tax? fee is charged on deeds that are tax exempt.

A lis pendens is an official notice to the public that a lawsuit involving a claim on a property has been filed. Lis pendens is connected to the concept that a property buyer must assume any litigation that exists pertaining to the property.

An Alabama deed is not valid unless it is signed as required by law. The deed should be signed by the current owner or owners, with each signature notarized using Alabama's statutorily approved acknowledgments. There is no need for the new owners (grantees) to sign the deed.

A lis pendens is a recorded document giving constructive notice to the world that an action has been filed affecting title or right to possession of the real property filed in the notice. Lis pendens, literally meaning "pending suit," is both a common law and statutory doctrine.

Unlike some states, Alabama does not currently allow the use of TOD deeds for real estate. Instead, other instruments such as joint tenancy or revocable living trusts are typically used to avoid probate when transferring real estate upon death.

A Release of Lis Pendens is a counterclaim wherein it provides recourse for defendants pursuing to sell a property. The Release of Lis Pendens Surety Bond ensures to cover the cost of the Lis Pendens to release the property back to the defendant.

Attorney Involvement All legal documents must be drafted by an attorney licensed to practice in the State of Alabama. Parties to a transaction can draft their own documents if they are doing so on behalf of themselves.

Recording ? A quit claim deed should be filed in the office of the County Probate Judge along with any required fees. Signing Requirements ? If a notary acknowledgment is not included in the conveyance of the property, a witness must attest to the conveyance.

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Alabama Release of Lis Pendens