In Memphis, Tennessee, a Li's Pendent regarding action to reform Warranty Deed is a legal notice filed in the public records to notify interested parties of a pending lawsuit involving a warranty deed. A warranty deed is a type of deed that guarantees the clear title of a property and the granter's right to transfer ownership. When a property owner wishes to correct or reform a warranty deed, they may initiate a lawsuit seeking a court order to rectify any errors or defects in the original deed. This could arise from mistakes or omissions in the legal description of the property, inaccurate information about the parties involved, or other issues that affect the validity or enforceability of the deed. The Li's Pendent is a Latin term that translates to "lawsuit pending." This notice is typically filed by the plaintiff or the party seeking the reformation of the warranty deed in the county where the property is located. It serves as a public notice to any potential buyers, lenders, or other interested parties considering dealings with the property that there is a pending litigation that may affect the title rights or ownership. The specific types of Memphis Tennessee Li's Pendent regarding action to reform Warranty Deed can vary depending on the nature of the lawsuit or the specific issues surrounding the need for reformation. Some possible types include: 1. Mistake in Legal Description: This type of Li's Pendent may occur when there is an error or inconsistency in the legal description of the property in the warranty deed, such as incorrect boundaries, missing or conflicting parcel numbers, or inaccurate survey information. 2. Fraudulent Representation: In situations where there is evidence of fraud or misrepresentation in the execution or content of the warranty deed, a Li's Pendent may be filed to alert potential buyers or lenders to the ongoing legal dispute. 3. Undisclosed Liens or Encumbrances: If the warranty deed omits or fails to disclose existing liens, easements, or other encumbrances on the property, a Li's Pendent may be filed to notify interested parties of the pending legal action seeking to reform the deed and address these issues. It is important to note that Li's Pendent should not be confused with a final judgment or order. It simply serves as a public notice of ongoing litigation and allows interested parties to make informed decisions regarding the property's title or their involvement in any related transactions.
Memphis Tennessee Lis Pendens regarding action to reform Warranty Deed
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Section 20-3-105 - Lien on real estate (a) When any person in a court of record seeks to fix a lien lis pendens on real estate, or any interest in real estate, and the court in furtherance of the lien issues a restraining order, the restraining order shall be valid for ninety (90) days only unless: (1) The court orders
In the State of Tennessee, a quitclaim deed must be either notarized by a Notary Public or signed by the seller of the property in front of two witnesses (§ 66-22-101). Once one of these criteria has been met, the document must be filed with the Register of Deeds Office along with the proper filing fees (§ 66-5-106).
How long does a judgment lien last in Tennessee? A judgment lien in Tennessee will remain attached to the debtor's property (even if the property changes hands) for ten years.
Signing Requirements ? Must be signed by the grantor(s) in the presence of a Notary Public or two (2) subscribing witnesses (T. C. A. § 66-22-101).
Lien Notation Send the completed form. Include all necessary support documentation.Include all fees. Lien notation fee: $11 per lien. County clerk fee: $8.50. State title fee: $5.50. Additional county fees may also apply.Information should be submitted to your local county clerk's office.
12. Who benefits the most from recording a warranty deed? D. Explanation: The grantee is the one who has acquired an interest in the land, and she is the one who benefits the most from recording the deed to provide constructive (legal) notice of that interest.
The documents can be prepared by anyone as long as the required information is written in the deed as outlined in § 66-5-103. Once the forms have been prepared, along with the Legal Description of the property, it may be signed with two (2) witnesses or a notary public.
A judgment lien does not become a lien on the real property (even when recorded as required under Tennessee law). Under Tennessee law, however, a creditor of one spouse may get a lien on the survivorship interest of such debtor -spouse.
A plaintiff need only file a complaint with an attached abstract (description of the real estate) and request the issuance of the lien. Upon the filing of the lawsuit, the clerk will certify the lien lis pendens. No motion or court approval is required for the issuance of a lien lis pendens.
In order to convey any real property or an interest in property in Tennessee, the deed must be in writing, acknowledged by the grantor, and registered in the county where the property is located. The Annotated Code of Tennessee allows for the transfer of real property through the usage of a variety of deeds.