Arkansas Lis Pendens Notice

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US-01067
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Description

A lis pendens is a written notice of a pending lawsuit involving property. Plaintiff files this lis pendens in order to place defendant on notice that a lien is being sought to compel defendants to convey legal title to the described mineral interest based on the fact that the plaintiff has paid to purchase the interest. The form also contains a Certificate of Service stating that the attorney for the plaintiff has forwarded a correct copy of the document by U.S. Mail.

Arkansas Li's Pendent Notice is a legal document that provides public notice of a pending lawsuit or legal action involving a particular property. The term "is pendent" is a Latin phrase that translates to "pending litigation." This notice is filed with the county clerk's office where the property is located to inform prospective buyers, lenders, and others with a legal interest in the property about the ongoing legal proceedings. The purpose of an Arkansas Li's Pendent Notice is to protect the rights of the party filing the lawsuit and to prevent the transfer of the property's ownership without the knowledge of the pending legal action. It ensures that anyone interested in purchasing or financing the property is aware of the potential legal complications associated with it. There are different types of Arkansas Li's Pendent Notices, including: 1. Li's Pendent Notices in Foreclosure: This type of notice is most commonly seen in mortgage foreclosure cases. It is filed by the lender to notify interested parties about the pending foreclosure proceedings. 2. Li's Pendent Notice in Divorce: In divorce cases where there is a dispute over the ownership or division of marital property, one party may file a Li's Pendent Notice to prevent the other party from selling or transferring the property during the divorce proceedings. 3. Li's Pendent Notice in Boundary Disputes: When there is a disagreement between neighboring property owners regarding property boundaries or ownership, a Li's Pendent Notice can be filed to alert potential buyers or lenders of the ongoing dispute. 4. Li's Pendent Notice in Quiet Title Actions: Quiet title actions are filed to resolve any doubts or disputes regarding the legal ownership of a property. A Li's Pendent Notice is often used in these cases to notify interested parties about the pending legal action. By filing an Arkansas Li's Pendent Notice, the party involved in the lawsuit ensures that their interests in the property are protected and that any future transactions involving the property are subject to the outcome of the legal proceedings. It is crucial for interested parties, such as buyers, lenders, and real estate professionals, to conduct thorough research and due diligence before proceeding with any property transactions when a Li's Pendent Notice has been filed.

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FAQ

Tax liens are involuntary and occur when a homeowner does not pay their federal, state, or local taxes. If this happens, a tax lien is placed against your property. This lien takes priority over all other liens and stays there until the debt is completely paid.

IF BILLS FOR LABOR, SERVICES, OR MATERIALS USED TO CONSTRUCT OR PROVIDE SERVICES FOR AN IMPROVEMENT TO REAL ESTATE ARE NOT PAID IN FULL, A CONSTRUCTION LIEN MAY BE PLACED AGAINST THE PROPERTY. THIS COULD RESULT IN THE LOSS, THROUGH FORECLOSURE PROCEEDINGS, OF ALL OR PART OF YOUR REAL ESTATE BEING IMPROVED.

A lien that has priority over another lien is called a "superior" lien. A low-priority lien is called a "junior" lien. If a home has more than one lien, priority determines the lienholders' rights following a foreclosure sale.

(a) The lien provided for in this subchapter shall take precedence over, and be superior to, any mortgage or other obligation attaching against the property in all cases in which the holder of the mortgage or other obligation shall permit the property to remain in the possession of and be used by the person owing and ...

Keep in mind: In Arkansas, a creditor's ability to collect under a judgment lien will be affected by a number of factors -- including a fixed amount of value that won't be touchable if the property is the debtor's primary residence (called a homestead exemption), other liens that may be in place, and any foreclosure or ...

(a) As used in this section: (1)(A) ?Clean-up lien? means a lien securing the cost of work undertaken by a town or city to remove, abate, or eliminate a condition in violation of local codes or ordinances.

At your death, the real estate goes automatically to the person you named to inherit it (your "grantee" or "beneficiary"), without the need for probate court proceedings. (Ark. Code Ann. § 18-12-608.)

18-44-114 Preliminary Notice If delivery of the mailed notice is refused by the addressee, then the person holding the claim shall immediately mail to the owner, owners, or agent a copy of the notice by first class mail and may proceed to file his lien.

Liens generally follow the "first in time, first in right" rule, which says that whichever lien is recorded first in the land records has higher priority than later recorded liens. For example, a mortgage has priority over a judgment lien if the lender records it before the judgment creditor records its lien.

If the tenant wins, the tenant gets to remain in the home until trial. If the landlord wins, the landlord gets a ?writ of possession.? The tenant will be removed from the home by the local sheriff's department after 24 hours and the tenant's leftover property must be placed into storage until trial.

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The notice of the pendency of the suit shall set forth the title of the cause and the general object thereof, together with a correct and full description of the property to be affected thereby, the names of the parties to the suit, and the style of the court where the suit is pending. § 16-59-107 - Copy of notice as evidence. Disclaimer: These codes may not be the most recent version. Arkansas may have more current or accurate information. We ...... Lis Pendens › § 16-59-101. Filing of notice required to constitute ... in which the property to be affected by the constructive notice is situated. ... file a notice of the pendency of the suit, for record with the recorder of deeds of the county in which the property to be affected by the constructive notice ... This is a Court Sample and NOT a blank form. Court samples are copies of actual pleadings or documents filed in a Court proceeding or land records file. Notice of lis pendens is the common-law doctrine that a pending suit is notice to all the world, so that one who purchases property involved in the litigation ... ... Lis-Pendens, Medical Liens, Mechanic's and Materialman's Liens, Federal Tax ... in the Arkansas Secretary of State's Office. Circuit Clerk Recorder's Phone ... ... file a lis pendens against all properties owned by a party to a ... a Notice of Lis Pendens with the Craighead County Circuit Court Clerk in connection with. Federal Appearance of Counsel Bill of Costs Cover Sheet with Instructions Exhibit and Witness List Notice of a Lawsuit and Request to Waive Service of Summons by M Krikorian · 1993 — of Arkansas greatly expanded the generally understood notice function of a ... Additionally, because creditors routinely file notices of lis pendens when ...

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Arkansas Lis Pendens Notice