Allegheny Pennsylvania Lis Pendens Notice in Connection with Action to Foreclose

State:
Multi-State
County:
Allegheny
Control #:
US-01458BG
Format:
Word; 
Rich Text
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Description

Lis pendens means "a suit pending". A lis pendens is a written notice that a lawsuit has been filed involving the title to real property or some interest in that real property. Notice to the defendant who owns the property and potential buyers or financiers is given by filing the lis pendens with the clerk of the court, certifying that it has been filed, and then recording it with the County Recorder. The lis pendens must include a legal description of the real property, and the lawsuit must involve the property.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Latin for suit pending. Lis pendens is construed to be the jurisdiction, power, or control which courts acquire over property involved in a suit, pending the continuance of the action, and until final judgment.

Lis pendens notices can be a powerful tool. 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.

Part of the reason for the lengthy California foreclosure process is because the borrower has 90 days to pay the lender the balance owed after the lender files the Notice of Default with the county.

Translated from Latin, lis pendens means a suit pending. So if you're selling a home with a lis pendens, you have a formal notice of a pending lawsuit on a property that could interfere with the sale.

Law.com defines the term lis pendens as a written notice that a lawsuit has been filed which concerns the title to real property or some interest in that real property. In Pennsylvania, a lis pendens is first filed in the lawsuit pending between the parties by way of a praecipe directing the prothonotary to index the

The PA foreclosure process can take anywhere from several months to over a year, depending on the specific circumstances and any legal challenge to the foreclosure filing. From the first missed payment, it takes 120 days before the bank can file a foreclosure.

Once a lis pendens is filed, notice is officially recorded in the property's county recording office and that record is reflected in any title reports, which can make buying and selling the property extremely difficult.

Notice of Intent to Foreclose. Before officially starting the foreclosure process, Pennsylvania law requires the lender to give you (the borrower) a 30-day notice of intent to foreclose, providing the opportunity to cure the default. But this notice isn't required if you abandon the home. (41 Pa.

SUMMARY. A party to a lawsuit intended to affect real estate may record a notice on the land records containing the names of the parties, the name and object of the suit, the court where it will be heard, and a description of the property. This is called a notice of lis pendens, which signifies pending litigation.

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.

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Allegheny Pennsylvania Lis Pendens Notice in Connection with Action to Foreclose