Connecticut Release of Lis Pendens
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How to fill out Release Of Lis Pendens?
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FAQ
If you receive a discharge of lis pendens, it means your property no longer has a claim or lawsuit against it.
In general, lis pendens is Latin for ?suit pending.? It is used in several contexts: ?Lis pendens? is construed to be the jurisdiction, power, or control which courts acquire over property involved in a suit, pending the continuance of the action, and until final judgment.
The party seeking to dissolve the lis pendens must file a motion defining why the lis pendens is neither one of right nor one with a nexus to the real property. The movant will normally also ask for a bond in the event that the judge does find a nexus exists.
Once the complaint is filed, it enters a Lis pendens, meaning a suit is pending. The lender becomes the plaintiff, and the debtor becomes the defendant in the court record. The case receives a docket number. The plaintiff must serve the defendant with the foreclosure complaint.
A lis pendens may be removed through a motion to expunge. A motion to expunge may be granted if the underlying lawsuit or other court action does not contain a ?real property claim? that has probable validity. The motion will be granted it if is ?more likely than not? that the underlying lawsuit or claim will fail.
As its translation indicates, the purpose of a lis pendens is to give notice to a third-person (typically a potential buyer) that a certain parcel of real estate is subject to a pending lawsuit and that any interest a buyer acquires in that real estate will be subject to the result of the pending legal action.
(a) No notice of lis pendens recorded against any real property shall continue in force for a longer period than fifteen years after the date such notice was recorded unless within the five years prior to the expiration of said fifteen-year period such notice of lis pendens is rerecorded and a notice of such ...
The C.L.P. in a prescribed form (FORM 30, Land Titles Act or FORM 6, Builders' Lien Act) must be signed and sealed by the clerk of the court. The C.L.P. may be FAX FILED with the clerk of the court.
