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When you receive notice of lis pendens how much time do you have before it goes up for auction?
A lis pendens is a notice that states to the public that any persons whomsoever acquiring any interest in the property at issue (that the lis pendens was filed against) will take subject to the rights of the Plaintiff (the lender, in a mortgage/deed of trust foreclosure). In order to sell your property at public auction (Sheriff's sale), the Plaintiff/Lender must first obtain a judgment against you. This may happen in either of two basic ways. One--you did not file a notice of appearance and answer to the complaint for forclosure, so a default judgment was entered, or two--the lender obtained a judgment against you after a trial (or motion for summary judgment, in some cases.) After receiving a judgment, it will take 2-6 months until the sheriff's sale (this varies from jurisdiction to jurisdiction.) After the sale, there may be a "redemption period" where you can regain the property by paying the highest bid plus interest. This is a very complicated subject, though. If you are facing foreclosure, or have received a lis pendens, you should see an attorney IMMEDIATELY! Many attorneys will give "free consultations"--take advantage of this. Friendly note: The info I have provided pertains to the State of Washington, but may be helpful in other jurisdictions also.
What else can I help you with?
Can you file a lis pendis if your mortgage company is refusing to help you keep your home?
A lis pendens is notice that a legal action has been filed in court especially one that affects the title to real property.You cannot file a lis pendens for the reason you stated.A lis pendens is notice that a legal action has been filed in court especially one that affects the title to real property.You cannot file a lis pendens for the reason you stated.A lis pendens is notice that a legal action has been filed in court especially one that affects the title to real property.You cannot file a lis pendens for the reason you stated.A lis pendens is notice that a legal action has been filed in court especially one that affects the title to real property.You cannot file a lis pendens for the reason you stated.
Can a lis pendens prevent a buyer of a property to enter the premises?
That depends on the underlying action. The lis pendens is a notice of a lawsuit that affects the land. You should check the court listed in the lis pendens and review the file.
Do you have to have an action filed before filing a lis pendens?
Yes, a lis pendens typically requires that there is an active legal action pending related to the property in question. It serves as a notice to the public that a lawsuit affecting the property is underway, thereby informing potential buyers or creditors of the existing claim. Filing a lis pendens without an accompanying action could lead to legal complications or the lis pendens being invalidated.
Can defendant file request for dismissal of lis pendens?
Yes, a defendant can file a request for dismissal of a lis pendens. This legal action is typically initiated through a motion to expunge or dismiss the lis pendens, arguing that the notice is improperly filed or that the underlying lawsuit lacks merit. If the court finds the lis pendens unjustified, it may grant the request and remove the notice, allowing the defendant to proceed without the encumbrance on their property.
What does a voluntary dismissal without prejudice lis pendens?
It is a notice that the complaint has been dismissed at the request of the plaintiff, and the notice of lis pendens, which is a notice filed in the place where deeds are recorded showing that the property may be seized to pay the debt, is also null and void. If the plaintiff has not recorded the order of dismissal, the owner of the property should file it where the deed and lis pendens was recorded.
How long does it take for your car to be auctioned after repossession?
depends you should receive a notice in the mail from the lender as to the auction date and place.
What right does a potential buyer have to put a Lis Pendens on a property?
A lis pendens is a legal notice there is a court case pending that may affect the title to the real estate. You will need to check the information on the lis pendens to determine which court is handling the case. You can go to that court and read the file.
Who is the grantor in a lis pendens?
No one is a "grantor" in a lis pendens. A lis pendens is merely a notice put on public record that there is a lawsuit pending that affects the title to a certain piece of property. A deed has a "grantor" because a deed is a document by which an owner of property (the Grantor) grants, i. e. transfers or conveys, title to the property to another person (the Grantee). A lis pendens has no grantor because a lis pendens does not grant, transfer or convey title from one person to another.
What is lis pendens?
Lis pendens is the Latin term meaning "suit pending." A lis pendens is a notice filed in the office of land records by the plaintiff that the ownership of real property is the subject of a legal controversy. Anyone who purchases the property takes it subject to any claims asserted in the action. This notice secures a plaintiff's claim on the property so that the sale, mortgage, or encumbrance of the property will not diminish plaintiff's rights to the property, should plaintiff prevail in its case. For a discussion of lis pendens see the link provided below.
What is a pendens?
Lis pendens is the Latin term meaning "suit pending." A lis pendens is a notice filed in the office of land records by the plaintiff that the ownership of real property is the subject of a legal controversy. Anyone who purchases the property takes it subject to any claims asserted in the action. This notice secures a plaintiff's claim on the property so that the sale, mortgage, or encumbrance of the property will not diminish plaintiff's rights to the property, should plaintiff prevail in its case. For a discussion of lis pendens see the link provided below.
Where is lis pendens court?
Lis pendens is not a specific court but rather a legal notice filed in the public records to indicate that a lawsuit has been filed concerning a particular property. This notice alerts potential buyers or interested parties that the property is subject to legal action, which may affect ownership or title. Lis pendens is typically filed in the jurisdiction where the property is located, usually in the local county or district court.
What is a notice filed or recorded for the purpose of all persons that title or right to the possessions of certain property is in litigation?
lis pendens
