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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.

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 examples of lis pendens?

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.

How long is a lis pendens good for in Florida?

(2) A notice of lis pendens is not effectual for any purpose beyond 1 year from the commencement of the action and will expire at that time, unless the relief sought is disclosed by the pending pleading to be founded on a duly recorded instrument or on a lien claimed under part I of chapter 713 against the property

Can you close with a lis pendens?

A lis pendens is a document that is filed in the public records that alerts the world that someone is asserting claim over the property. A lis pendens is not, by itself, a legal bar to purchasing the propertysomeone can still legally close on property with a lis pendens filed on it.

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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.

How to dissolve a lis pendens in Florida?

The party seeking to dissolve the lis pendens must file a motion defining why the lis pendens is neither one of right nor one with a nexus to the real property. The movant will normally also ask for a bond in the event that the judge does find a nexus exists.

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