The Massachusetts Release of Li's Pendent is a legal document used in real estate cases to remove a notice of pending litigation on a property. This document is crucial for clearing a property's title so that it can be freely transferred or sold without any encumbrances. The Release of Li's Pendent effectively signifies the resolution or dismissal of the lawsuit that initiated the Li's Pendent filing, providing evidence that any potential claims related to the property have been resolved. A Li's Pendent, also known as a Notice of Pending Action, is initially filed by a plaintiff in a lawsuit involving real property. It is recorded in the local county land records to provide notice to potential buyers or interested parties that litigation is underway and that the property's ownership may be challenged. However, once the legal dispute has been resolved, the plaintiff or their attorney may file a Release of Li's Pendent to remove this cloud on title. Types of Massachusetts Release of Li's Pendent: 1. Voluntary Release: This type of Release of Li's Pendent is filed by the plaintiff voluntarily, typically upon the successful resolution of the case or settlement. It signifies that the plaintiff no longer has any claims or issues regarding the property. 2. Court-Ordered Release: In certain situations, when the lawsuit has been dismissed or resolved by a court decision, the court may issue an order for the Release of Li's Pendent. This type of release is mandated by the court to ensure that the property's title is no longer affected by the litigation. 3. Expungement: In rare cases, if it is determined that the Li's Pendent was filed wrongfully or improperly, the affected party may seek to have the Li's Pendent expunged from the property records. Expungement effectively erases any mention of the Li's Pendent, providing a clean and marketable title. The Massachusetts Release of Li's Pendent is a vital document for property owners and buyers, as it signifies the resolution of any legal disputes related to a property. By removing the Li's Pendent from the property records, the Release of Li's Pendent ensures that the property can be freely transferred or sold without any legal complications.
Release Of Lis Pendens Form
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How to fill out Massachusetts Release Of Lis Pendens?
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(c) The court shall order the notice of lis pendens expunged if the court determines that: (1) the pleading on which the notice is based does not contain a real property claim; (2) the claimant fails to establish by a preponderance of the evidence the probable validity of the real property claim; or (3) the person who ...
Hear this out loud PauseAs 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.
Hear this out loud PauseA notice of interest (or memorandum of contract) is sent out when a potential buyer or investor has a shared and equitable interest in a property as a result of a signed purchase and sale contract. Equitable interest can be a bit tricky to explain, since it's a broad term that doesn't solely apply to legal ownership.
The ?special motion to dismiss? is a newer tool which allows defending parties to dismiss a lawsuit seeking a lis pendens by showing: that the action or claim is frivolous because (1) it is devoid of any reasonable factual support; or (2) it is devoid of any arguable basis in law; or (3) the action or claim is subject ...
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.
Hear this out loud PauseA release of lis pendens under Texas law to provide notice to third parties that litigation is resolved and title to real property is no longer in controversy.
The standard for obtaining a lis pendens in Massachusetts is simple: A person seeking a lis pendens must establish that the subject matter of their lawsuit "constitutes a claim of a right or title real property or the use and occupation thereof." Once that has been established?and it need only be established by what is ...
You can remove a lien in Florida by: Paying off your debt. Filling out a release-of-lien form. Getting the release-of-lien form notarized. Filing the release with the county recorder's office. Keeping a copy of the release in your possession.
