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Lis Pendens Notice in Connection with Action to Foreclose

Indiana Lis Pendens Notice in Connection with Action to Foreclose

Category:

Real Estate - Lis Pendens

State:

Multi-State

Control #:

US-01458BG

Format:

Instant download

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 financiers 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.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

What You Should Do About a Lis Pendens on Your Property. If you have a lis pendens on your property, you need to contact an attorney as soon as possible. A Motion to Expunge should be filed as soon as possible. If you aren't sure about the details of the action filed, you can request information from the court clerk.

Lis pendens is a formal notice that there is a pending action, or lawsuit, that could affect the title of the property. However, it serves an even bigger purpose. When a lis pendens is filed, any future transfers of the property are affected by the pending action if it were to be awarded.

If you receive a discharge of lis pendens, it means your property no longer has a claim or lawsuit against it.

Under California law, a lis pendens may be expunged by filing a motion with the court based upon a showing that: the claimant has not made a real property claim in their underlying lawsuit, or.

A notice of pendency (also known as a lis pendens) is a written notice of a judicial proceeding that affects the ownership of property. A notice of pendency is most common in cases relating to real property and is typically filed in the public registry of the county where the affected real property is located.

Does Indiana Law Allow for a Redemption Period After a Foreclosure? No, a borrower has no right to redeem an Indiana property after a foreclosure sale.

Lis Pendens is the Latin phrase for pending litigation. More commonly, a lis pendens is referred to as a ?notice of pending action.? Persons who buy or lend on the real estate after a lis pendens has been recorded take the property subject to the claimant's right, if any, to the real estate.

32-30-1-1, a lis pendens notice is a public record and is filed with the Clerk of the Circuit Court of a county in which the affected real estate is located. The Clerk is required to maintain a lis pendens record in either hard copy form or electronic form.