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Tennessee Lis Pendens regarding action to reform Warranty Deed

State:
Tennessee
Control #:
TN-E227
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Lis Pendens regarding action to reform Warranty Deed
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FAQ

Lenders are usually unwilling to finance a mortgage until the lis pendens has been removed from the title. In addition, while a property can still be sold while there is a lis pendens, title companies will not insure the property, and that alone should be a deterrent to purchasing.

Because lis pendens are typically recorded in the real property records, the effect of lis pendens is that it puts others on notice that there is a dispute concerning the real property.

A lawsuit for quiet title must be brought in local Superior Court. To begin the lawsuit, the plaintiff (the lender or homeowner) files a complaint with the court followed by a Notice of Pendency of Action (a Lis Pendens) that is recorded with the county recorder and filed with the court.

The recording of a lis pendens creates a cloud on title which notifies interested parties of the pending claims against the subject property. The presence of a recorded lis pendens can make it nearly impossible to finance, refinance or sell the subject property until the lis pendens has been removed.

A quiet title action occurs when one property claimant challenges one or more other people in a court of law for the purpose of determining who is the rightful legal owner of the property in question.

A party with a claim of ownership to land can file an action to quiet title, which serves as a sort of lawsuit against anyone and everyone else who has a claim to the land. If the owner prevails in the quiet title action, no further challenges to the title can be brought.

The costs involved in filing a quiet title action in Florida include such things as the Court required case filing fee which ranges between $300 and $450, depending on the county in which the case is filed. There are also title search charges of approximately $125 and Publication charges of approximately $150.

' This is actually a legal action to 'quiet the title' under Texas law. Quiet Title refers to a lawsuit to clarify the ownership of land and the validity of any liens on a piece of property.If ownership is in dispute, it must be resolved. A court order can quiet the title and determine who has title to the property.

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.

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Tennessee Lis Pendens regarding action to reform Warranty Deed