Lis Pendens Notice: Lis Pendens is a court-recorded notice of filing a suit for non-payment of a mortgage. This is the first notification of mortgage default and the beginning of the term Foreclosure. This form is available in both Word and Rich Text formats.
Jacksonville Florida Lis Pendens Notice
Category:
State:
Florida
City:
Jacksonville
Control #:
FL-04012
Format:
Word
Instant download
Description
How to fill out Florida Lis Pendens Notice?
If you have previously utilized our service, Log In to your account and download the Jacksonville Florida Lis Pendens Notice onto your device by clicking the Download button. Ensure that your subscription is active. If not, renew it following your payment plan.
If this is your first time using our service, follow these straightforward steps to acquire your file.
You have continual access to every document you have purchased: you can find it in your profile within the My documents section whenever you need to access it again. Utilize the US Legal Forms service to quickly locate and store any template for your personal or professional requirements!
- Confirm that you have located an appropriate document. Review the details and use the Preview feature, if available, to verify that it meets your requirements. If it does not fit your needs, employ the Search tab above to find the right one.
- Complete the purchase of the template. Click the Buy Now button and choose either a monthly or yearly subscription plan.
- Create an account and finalize a payment. Use your credit card information or the PayPal option to conclude the transaction.
- Receive your Jacksonville Florida Lis Pendens Notice. Pick the file format for your document and save it to your device.
- Complete your form. Print it or utilize professional online editors to fill it out and sign it electronically.
Form popularity
FAQ
The notice of lis pendens may be cancelled only upon the order of the court, after showing that the notice is for the purpose of molesting the adverse party, or that it is not necessary to protect the rights of the party who caused it to be recorded (Section 19, Rule 13, Amended Rules of Civil Procedure).
To properly file a lis pendens in connection with such litigation, the plaintiff must show in its pending pleading that the lawsuit is ?founded on a duly recorded instrument,? which is a document such as a deed or mortgage recorded in the public records where the property is located. Fla. Stat. § 48.23(3).
If a party wants to challenge the lis pendens, they will do so by bringing a motion to ?expunge? the lis pendens. Any mistake in the service and filing of the lis pendens can result in the expungement of the lis pendens and possible liability for attorney's fees and costs.
A wrongfully filed lis pendens can be removed by the judge in the case in which it was filed. The party seeking to remove it must file a motion and address why the lis pendens is improper under Florida law.
Official Records/Recording/Land Records ItemFeeLis Pendens Recording Fee First Page$5.00Each Additional Page$4.00Clerk's Affidavit Recording Fee First Page$10.00Each Additional Page$8.5026 more rows
A notice of pendency lasts for a period three years, which a court may renew for good cause.
File a request with the court to remove the lis pendens. Provide the legal reasons the lis pendens is improper, offering proof, for example, that the lis pendens affects real estate that is not connected to the litigation. If the lawsuit is frivolous and merely intended to harass the property owner, offer proof.
(2) A notice of lis pendens is not effectual for any purpose beyond 1 year from the commencement of the action and will expire at that time, unless the relief sought is disclosed by the pending pleading to be founded on a duly recorded instrument or on a lien claimed under part I of chapter 713 against the property
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.
No list pendens notice can be valid as constructive notice for more than 15 years unless it is re-recorded within 10 years after it was first recorded and the recording party serves a copy of the notice on the record owner within 30 days after it is re-recorded.
