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Massachusetts
Lis Pendens Notice in Connection with Action to Foreclose

Massachusetts 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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How to fill out Lis Pendens Notice In Connection With Action To Foreclose?

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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 (Notice of Pending Action) Latin for "pending litigation or action." A notice recorded for the purpose of warning all persons that the title or right to possession of the described real property is in litigation.

Lis pendens provides constructive notice, or a warning, to prospective homebuyers that the ownership of a property is in dispute and litigation is pending. Lis pendens can only be filed if a claim is related specifically to the property.

A ?lis pendens notice? is a notice recorded in a real property's chain of title and is designed to enable interested third parties to discover the existence and scope of pending litigation affecting the title to or asserting a mortgage, lien, security interest, or other interest in real property.

Pending Litigation means a proceeding in a court of law whose activity is in progress but not yet completed.

Latin for "a suit pending," a written notice that a lawsuit has been filed which concerns the title to real property or some interest in that real property. The lis pendens (or notice of pending action) is filed with the clerk of the court, certified that it has been filed, and then recorded with the County Recorder.

The lis pendens, when recorded, is a notice warning all prospective buyers or encumbrances that title to or possession of the real estate is in dispute. PRESERVATION OF TITLE. The purpose of a recorded lis pendens is to preserve rights to the real estate until the dispute with the owner is resolved.

A lis pendens is an essential tool that provides notice of pending litigation involving a claim that affects title to real estate. It allows for a fair and transparent legal process by ensuring that potential buyers are aware of any pending litigation and the potential implications for title to the real estate.

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