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Examples of when a lis pendens may be legally filed, include partnership disputes where the partnership owns property that is in dispute, or any business dispute (such as the breakup of any business) where owners or former owners have competing claims to the property.
Can you sell a property with a lis pendens in Florida?
The titleholder can sell a property and transfer the deed to someone else while subject to a lis pendens. However, most title companies will not provide insurance for homes with a lis pendens, and closing agents may close with the lien being bonded.
What does in lis pendens mean?
The literal translation of Lis Pendens is suit pending. It is also sometimes referred to as a Notice of Pendency of Action. As the name suggests, the purpose is to let others know that there is an active lawsuit.
What are the different types of lis pendens?
We typically see lis pendens recorded in several types of cases, including: quiet title, specific performance, easement cases, partition, adverse possession, wrongful eviction, and several other types of real property claims.
What are the consequences of lis pendens?
Short Answer: After filing a lis pendens, property sales may stall due to legal disputes impacting the title. Misfiling can result in sanctions or slander of title damages. Removal involves court-ordered expungement or voluntary discharge.
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Lis pendens are used most often in cases of divorce and foreclosure. For example, if a divorcing couple cannot agree on how to divide their interest in the marital home, one spouse may file a lis pendens in order to keep the other spouse from trying to sell the house until the divorce is settled.
Related links
lis pendens | Wex | US Law | LII / Legal Information Institute
lis pendens is Latin for suit pending. It is used in several contexts: A lis pendens notice is a notice recorded in a real propertys chain of title.
How to request a Release of Lis Pendens. Step 1. E-mail BSEDdemo@detroitmi.gov to request an invoice and record ID number for a Lis Pendens. The fee is $73.
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