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Click ‘Get Form’ to open the Colorado Lis Pendens document in the editor.
Begin by filling in the 'Prepared by, recording requested by and return to' section. Enter your name, company, address, city, state, zip code, phone number, and fax number.
In the 'NOTICE OF LIS PENDENS' section, provide the name of the party giving notice and specify whether it is a corporation or LLC.
Detail the civil action by entering the court name and listing both the plaintiff and defendant involved in the case.
Describe the real property affected by this action. Include the county and a legal description of the property.
Complete the date section at the bottom of the form and sign where indicated. Ensure that you print your name and title clearly.
If applicable, have a notary public acknowledge your signature as required for official documentation.
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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 is the case of lis pendens?
The rule of Lis Pendens states that when there is a suit or proceeding pending between two persons with respect to an immovable property and one these parties sells or otherwise transfers the subject matter of the litigation, then the transferee will be bound by the result of the suit or proceeding whether he had the
What is a lis pendens in Colorado?
A lis pendens is a recorded legal instrument which serves as constructive notice, by statute, that an action or suit affecting a specified piece of real estate has been commenced in a federal or state court. The term is a Latin term meaning action pending.
How to get around a lis pendens?
Make a formal written request for the discharge of the lis pendens from the party who filed it. Notify them that a discharge is mandated by law if the litigation has been resolved. Insist on a discharge if the pending litigation does not directly pertain to the affected real estate.
Can you bond around a lis pendens?
If you plan to use Lis Pendens as part of your legal strategy, expect to need an accompanying bond. Since litigation cannot proceed until you obtain a bond, find a surety to work with ASAP. Viking Bond Service issues Lis Pendens bonds in all 50 states and can get you a quote in a matter of hours.
lis pendens form
How to release a lis pendens in ColoradoWhat is lis pendens in real estatecrs 38-35-110c.r.s. 38-35-110(3)
Expunging a Lis Pendens This can happen if the party believes that the lis pendens was improperly filed or if the underlying lawsuit has been resolved. Court Hearing: If a party seeks expungement, the court will conduct a hearing to determine whether the lis pendens should be canceled.
what is lis pendens
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A claim based on improper filing of a lis pendens is not an ex parte proceeding. Hewitt, 154 P.3d at 416. 7. For
Concerning a Clarification of State Law Governing the
by CG Assembly 2011 CONCERNING A CLARIFICATION OF STATE LAW GOVERNING THE CIRCUMSTANCES UNDER WHICH. A NOTICE OF LIS PENDENS MUST BE RECORDED IN CONNECTION WITH THE FILING OF A
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