Salt Lake Utah Notice of Lis Pendens

State:
Utah
County:
Salt Lake
Control #:
UT-KS-065
Format:
PDF
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Notice of Lis Pendens

Salt Lake Utah Notice of Li's Pendent: A Comprehensive Explanation Keywords: Salt Lake Utah, Notice of Li's Pendent, types Introduction: In Salt Lake Utah, a Notice of Li's Pendent is a legal document filed in a public land records office to notify interested parties about pending litigation involving a property. This notice aims to protect the rights of potential buyers, lenders, or other claimants by disclosing a potential encumbrance on the property's title. Let's explore what a Notice of Li's Pendent entails in Salt Lake Utah, including its purpose, requirements, and potential variations. Purpose and Function: A Salt Lake Utah Notice of Li's Pendent serves as a warning sign to prospective buyers, lenders, or anyone with an interest in a property. When a legal action, such as a foreclosure, partition, or quiet title suit, is initiated, the party asserting the claim files this notice. It publicly announces that the property is involved in a pending lawsuit and that a judgment could potentially affect its current ownership or title status. Requirements for Filing: To file a Salt Lake Utah Notice of Li's Pendent, certain requirements must be met. These often include: 1. Accurate Property Description: The notice must contain a precise legal description of the property in question. This typically includes the parcel number, section, township, and range, along with any additional information required to identify the property. 2. Court Case Information: The filing should provide the necessary details regarding the pending lawsuit, such as the court where the action is filed, case number, and the names of the parties involved. 3. Notarization: The Notice of Li's Pendent should be notarized by a licensed notary public to ensure its validity and authenticity. Additionally, it is crucial that the notice is promptly filed in the county's land records office where the property is located to establish constructive notice to interested parties. Types of Salt Lake Utah Notice of Li's Pendent: While there might not be specific "types" of Notice of Li's Pendent in Salt Lake Utah, it is essential to mention some common scenarios where this notice is utilized: 1. Foreclosure Proceedings: When a property owner defaults on their mortgage, a lender may file a Notice of Li's Pendent to initiate foreclosure proceedings. 2. Boundary or Ownership Disputes: In cases where there are disputes regarding a property's boundary lines or conflicting ownership claims, a Notice of Li's Pendent can be filed to protect the interests of the parties involved. 3. Title Claims and Quiet Title Actions: If there are issues with a property's title, such as a clouded title or unknown heirs, a Notice of Li's Pendent may be filed as part of a quiet title action to establish ownership rights. Conclusion: The Salt Lake Utah Notice of Li's Pendent is a crucial legal instrument used to notify interested parties about pending litigation involving a property. By filing this notice, parties assert their claim on the property, allowing potential buyers, lenders, and other interested parties to make informed decisions. Whether it relates to foreclosure, boundary disputes, or resolving title issues, the Notice of Li's Pendent acts as a protective measure, ensuring transparency and open communication within real estate transactions.

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FAQ

A Lis Pendens Surety Bond is a type of judicial court bond where a Plaintiff seeks to prevent the sale or loan of property by the Defendant. This surety bond ensures that the plaintiff is filing the Lis Pendens in good faith and not under false claims.

A ?lis pendens notice? is a notice recorded in a real property's chain of title and is designed to enable interested third parties to discover the existence and scope of pending litigation affecting the title to or asserting a mortgage, lien, security interest, or other interest in real property.

Case in point: ?lis pendens? (pronounced liz pendenz). This latin phrase meaning ?lawsuit pending? refers to a legal document designed to inform the public of a lawsuit that could affect the right to own or possess a specific parcel of real estate.

A Lis Pendens Can be Removed, Foreclosed or ?Expunged?, Even if it was Validly Recorded. Under California law, a lis pendens may be expunged by filing a motion with the court based upon a showing that: the claimant has not made a real property claim in their underlying lawsuit, or.

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 a legal means for serving notice to anyone concerned with a piece of real estate that there is a claim and pending legal action against the property. It is important because it notifies potential buyers that another party has a claim to the property.

The praecipe to remove lis pendens must be filed with the clerk of the court of common pleas, more commonly referred to as the prothonotary, in the county where the property is located (42 Pa. C.S.A. § 4302(a) ).

With the changes in the lis pendens statute, however, a lis pendens can be removed by court order before the lawsuit over title to real property is finally determined. In the alternative, the Court may condition keeping the lis pendens in place with the posting of a bond. Utah Code Ann.

A notice of lis pendens: Ceases to be constructive notice until notice on the other parties is given by service of summons or publication if the plaintiff fails to give notice of the proceeding to all the other parties within six months of filing the action by: service of the summons; or. publication.

A notice of pendency lasts for a period three years, which a court may renew for good cause.

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More info

F. Kevin Bond, Salt Lake City, and Budge W. Call, for Appellant. Section 1301, Quiet title -- Action to determine adverse claim to property.Section 1302, Definitions. Physical: 3 microfilm reels ; 35 mm. Mark R. Gaylord, Craig H. Howe, Salt Lake City, for defendants. Utah County Recorder's Office website.

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Salt Lake Utah Notice of Lis Pendens