Wake North Carolina Lis Pendens Notice in Connection with Action to Foreclose

State:
Multi-State
County:
Wake
Control #:
US-01458BG
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Word; 
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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.


Wake North Carolina Li's Pendent Notice in Connection with Action to Foreclose: A Comprehensive Overview In Wake County, North Carolina, a Li's Pendent Notice in Connection with Action to Foreclose is a legal document utilized during the foreclosure process. When a property owner faces a potential foreclosure, this notice is filed with the county clerk's office to formally announce that legal action has been initiated against the property. It serves as a public notice to inform interested parties about the pending foreclosure proceedings being pursued by a lender or mortgage holder. Keywords: Wake North Carolina, Li's Pendent Notice, Action to Foreclose, foreclose, property owner, foreclosure process, county clerk's office, legal action, public notice, lender, mortgage holder. There are different types of Li's Pendent Notices in Connection with Action to Foreclose that can be filed in Wake County, North Carolina: 1. Residential Li's Pendent Notice: This type of notice is used when a residential property, such as a single-family home or condominium, is subject to foreclosure. It provides information specific to the residential property, including its address, legal description, and any outstanding debts or liens associated with it. 2. Commercial Li's Pendent Notice: In instances where a commercial property, such as office buildings, retail spaces, or industrial complexes, is at risk of foreclosure, a commercial Li's Pendent Notice is filed. It includes details regarding the commercial property, such as its location, business type, and any relevant legal issues affecting the foreclosure process. 3. Vacant Land Li's Pendent Notice: When a piece of vacant land is facing foreclosure, a Vacant Land Li's Pendent Notice is filed. This type of notice highlights the land's location, size, zoning information, and any encumbrances that may hinder the property's marketability. In all cases, the Li's Pendent Notice in Connection with Action to Foreclose serves as an important step in the foreclosure process, alerting potential buyers, lenders, or other interested parties about the impending legal action. It ensures transparency and offers a fair opportunity for all parties involved to protect their rights and interests. Note: It is crucial to consult with legal professionals or local authorities to get accurate and up-to-date information regarding Wake County, North Carolina's specific regulations and requirements related to Li's Pendent Notices in Connection with Action to Foreclose.

Wake North Carolina Li's Pendent Notice in Connection with Action to Foreclose: A Comprehensive Overview In Wake County, North Carolina, a Li's Pendent Notice in Connection with Action to Foreclose is a legal document utilized during the foreclosure process. When a property owner faces a potential foreclosure, this notice is filed with the county clerk's office to formally announce that legal action has been initiated against the property. It serves as a public notice to inform interested parties about the pending foreclosure proceedings being pursued by a lender or mortgage holder. Keywords: Wake North Carolina, Li's Pendent Notice, Action to Foreclose, foreclose, property owner, foreclosure process, county clerk's office, legal action, public notice, lender, mortgage holder. There are different types of Li's Pendent Notices in Connection with Action to Foreclose that can be filed in Wake County, North Carolina: 1. Residential Li's Pendent Notice: This type of notice is used when a residential property, such as a single-family home or condominium, is subject to foreclosure. It provides information specific to the residential property, including its address, legal description, and any outstanding debts or liens associated with it. 2. Commercial Li's Pendent Notice: In instances where a commercial property, such as office buildings, retail spaces, or industrial complexes, is at risk of foreclosure, a commercial Li's Pendent Notice is filed. It includes details regarding the commercial property, such as its location, business type, and any relevant legal issues affecting the foreclosure process. 3. Vacant Land Li's Pendent Notice: When a piece of vacant land is facing foreclosure, a Vacant Land Li's Pendent Notice is filed. This type of notice highlights the land's location, size, zoning information, and any encumbrances that may hinder the property's marketability. In all cases, the Li's Pendent Notice in Connection with Action to Foreclose serves as an important step in the foreclosure process, alerting potential buyers, lenders, or other interested parties about the impending legal action. It ensures transparency and offers a fair opportunity for all parties involved to protect their rights and interests. Note: It is crucial to consult with legal professionals or local authorities to get accurate and up-to-date information regarding Wake County, North Carolina's specific regulations and requirements related to Li's Pendent Notices in Connection with Action to Foreclose.

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How to fill out Wake North Carolina Lis Pendens Notice In Connection With Action To Foreclose?

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FAQ

A North Carolina Lis Pendens is (constructive notice of pending litigation.) Required information: 1. ( The name of the court in which the action has been commenced or is pending)

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.

A lis pendens has no life of its own apart from the lawsuit that underlies it. A lis pendens operates only during the pendency of the underlying suit, and only as to those matters that are involved in the suit. It terminates with the judgment, in the absence of an appeal. Rosborough v. Cook, 108 Tex.

The requirements for filing a lis pendens are codified in the Texas Property Code. Only after a lawsuit has been filed, may a party to the action who is seeking affirmative relief file a lis pendens with the county clerk in the county where the property is located.

Cancellation of lis pendens Before final judgment, a notice of lis pendens may be cancelled upon order of the court, after proper 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 registered.

Lis Pendens is one of the more important filings in a Will Contest or Fiduciary Litigation in North Carolina (NC). Lis Pendens roughly means 'litigation pending' and puts persons on notice that the real estate involved in the estate, trust or fiduciary matter is part of a lawsuit.

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.

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.

A lis pendens can only be removed with the consent of the person who registered it, or by obtaining a court order under Section 123 of the 2009 Act.

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.

More info

Civil Action Abstract. 23. Judgment Abstract. 24.Get free access to the complete judgment in Wallach v. App. 2d 721 (1950) from the Caselaw Access Project.

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Wake North Carolina Lis Pendens Notice in Connection with Action to Foreclose