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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 effectively clouds the title to the property described in the notice and impedes a subsequent sale or encumbrance of the property until the litigation is resolved or the lis pendens is expunged. (Malcom v. Superior Court (Green) (1981) 29 Cal.
A Florida Lis Pendens (which means pending lawsuit) is a tool that is commonly used to notify a third-party of a pending lawsuit against a real estate property, typically with regard to the title or an interest.
Another way a homeowner might get a lis pendens removed is by filing a motion to remove with the court. He or she can then demonstrate that there is little or no proof that the complainant in the suit will prove ownership of the real estate property at the hearing.
What Does Discharge of Lis Pendens Mean? If you receive a discharge of lis pendens, it means your property no longer has a claim or lawsuit against it.
A release of lis pendens under Illinois law to record and provide notice to third parties that litigation is resolved or title to real property is no longer in controversy.
A Release of Lis Pendens is a counterclaim wherein it provides recourse for defendants pursuing to sell a property. The Release of Lis Pendens Surety Bond ensures to cover the cost of the Lis Pendens to release the property back to the defendant.
§ 154.008 FILING OF NOTICE OF LIS PENDENS. Lis pendens (a pending suit), in general terms, is a notice filed on public records for the purpose of warning all persons that the title to certain property is in litigation, and they are in danger of being bound by an adverse judgment.