Connecticut Release of Lis Pendens

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Multi-State
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US-00403BG
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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

Rule 5.5 in Connecticut refers to the regulations governing the practice of law by out-of-state attorneys. While this rule may not seem directly related to lis pendens, it plays a role in ensuring that legal representation is properly managed during property disputes. Utilizing resources like uslegalforms can help you understand the implications of the Connecticut Release of Lis Pendens and streamline your legal processes.

General Statute 47-31 in Connecticut outlines the procedures for filing a lis pendens. This statute provides the legal framework necessary to ensure that the notice is properly recorded and serves its intended purpose. Familiarizing yourself with this statute can enhance your understanding of the Connecticut Release of Lis Pendens, allowing you to navigate property disputes more effectively.

In Connecticut, a lis pendens remains valid for a period of 90 days from the date it is filed. However, if the underlying lawsuit is not resolved within this time frame, it may be necessary to renew the lis pendens. Knowing how to manage the Connecticut Release of Lis Pendens effectively can help protect your legal rights throughout the duration of your case.

A lis pendens in Connecticut is a legal notice that informs the public about an ongoing lawsuit involving a property. This notice protects the interests of the party initiating the lawsuit by preventing the property from being sold or transferred while the case is active. Understanding the Connecticut Release of Lis Pendens is crucial for anyone involved in a property dispute, as it directly affects property rights.

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.

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Connecticut Release of Lis Pendens