Rhode Island Lis Pendens Notice
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How to fill out Rhode Island Lis Pendens Notice?
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FAQ
Can a lien be placed on your property without you knowing? Yes, it happens. Sometimes a court decision or settlement results in a lien being placed on a property, and for some reason the owner doesn't know about it initially.
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.
Lis Pendens Reminder Checklist: Serve by certified mail. Include both the proof of service and the notarized acknowledgement in the filing and recording.
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.
While it's unlikely that just anyone can put a lien on your home or land, it's not unheard of for a court decision or a settlement to result in a lien being placed against a property.
Someone who is owed money is generally not able to just put a lien on property without first securing a judgment. Securing a judgment requires the creditor to sue the debtor. This may be through circuit court in many jurisdictions. If under a certain dollar amount, this suit may be through the small claims court.
The lis pendens can be removed once the lawsuit is settled and the court has ruled on an outcome. It might also be resolved on its own if an agreement is reached between the title owner and whoever filed the complaint. If the claim was wrongfully filed, the lis pendens will be expunged.
The short answer is, yes. If you want to dispute the work, then you're going to have to fight it over in court. Meanwhile, now the plumber has a lien on your building. If you want to remove the lien quickly, you will have to post a bond.
How does a creditor go about getting a judgment lien in Rhode Island? To attach the lien, the creditor must request execution of attachment within 48 hours after entry of the judgment, then file the execution with the town clerk or recorder of deeds in the Rhode Island town where the debtor's property is located.